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Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My ex husband and I had joint custody in AZ. He left and

Customer Question

My ex husband and I had joint custody in AZ.
He left and moved to Florida.
Months later, at his urging, my daughter and I also moved to Florida.
It was a mistake. My daughter's educational and best interests are not being served and I cannot make a living here.
I want to move she and I to NY to live with family and so I can support her.
He doesn't want me to take her.
If I take her, can I be charged with anything?
What legal recourse do I have to make this move?
Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

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.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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