Moving Out of State with Child without a Custody Agreement in New York: What You Need to Know
Moving out of state with a child is a major decision that can have significant legal implications. This is especially true if there is no custody agreement in place. If you are considering moving out of state with your child and you live in New York, here are some important things you need to know.
First, it`s important to understand what a custody agreement is and why it matters. A custody agreement is a legal document that outlines who has legal custody and physical custody of a child. Legal custody refers to the right to make important decisions about a child`s life, such as medical care, education, and religion. Physical custody refers to where the child lives.
In New York, there are two types of custody: legal custody and physical custody. Legal custody can be joint or sole, and physical custody can be primary or shared. If there is no custody agreement in place, both parents have equal legal custody and the parent who has physical custody has the right to make day-to-day decisions for the child.
So, what happens if you want to move out of state with your child and there is no custody agreement in place? In New York, you must give notice to the other parent if you plan to move with your child more than 100 miles from your current residence, or out of state. The notice must be in writing and sent by certified mail, return receipt requested, or by personal service.
If the other parent objects to the move, they can file a petition with the court to prevent the move or to modify the custody arrangement. The court will consider a number of factors, including the reason for the move, the impact it will have on the child, and the relationship between the child and each parent.
If the court grants the request to move, it may modify the custody arrangement to allow for long-distance parenting time. For example, the non-custodial parent may be awarded extended parenting time during school breaks and holidays.
It`s important to note that moving out of state without giving notice to the other parent can have serious legal consequences. It can lead to a finding of contempt of court, civil or criminal penalties, and even the loss of custody.
In conclusion, moving out of state with a child without a custody agreement in New York requires careful consideration and planning. It`s important to give notice to the other parent and to consult with a qualified family law attorney to ensure that your legal rights and responsibilities are protected. By following the proper procedures, you can make the move with confidence and peace of mind.