Family Law Questions? Ask a Family Lawyer Online.
Good evening. Yes, you could face criminal charges if you were just to leave, since you would be interfering with his custody of the child. There could be custodial interference and it is a felony. Now, there are situation whereby you could have a defense and justification and those are listed in the statute as well. I have provided a link to the statute so you can review it and see how it is worded and what must be shown. Since you voluntarily relocated with her from AZ, you would need permission if you now wanted to move to NY, since there is joint custody and he would be losing it if you relocated with the child. You would need to motion the court and present evidence, to show it is in her best interest and that those over ride his time with the child.
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