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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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Is it legal in NYS for a parant to move and take a child out

Resolved Question:

Is it legal in NYS for a parant to move and take a child out of state in the event of a separation (non-legal) if the parents have not oinitiated divorce procedings.
Submitted: 5 years ago.
Category: Family Law
Expert:  Tina replied 5 years ago.

Thank you for contacting I am sorry to hear of your family's difficult situation.

Unless there is a court order stating otherwise, either parent can typically take custody of the children and move to another state.

If a spouse is aware the other spouse may attempt to take such action, it is normally best to file a petition for dissolution or legal separation and obtain a court order gaining temporary primary custody of the children or at least an order indicating that neither spouse may move out of the state with the children unless they first obtain the written consent of the other spouse or the court.

All the best to you.



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