I want to move myself and my 16 year old daughter to another school district about 20 minutes from her current school. There is nothing in m...

Question

I want to move myself and my 16 year old daughter to another school district about 20 minutes from her current school. There is nothing in my divorce decree or custody order that prevents me from doing so but my ex is threatening to take me to court to try to stop me, can he do that?

Answer

This is a relocation case.

First, look to the Stipulation of Settlement and Judgment of Divorce. Was their a radius clause in either document. A radius clause is a provision in the settlement which prevents the custodial parent from relocating with the minor child without the fathers consent or a court order.

If there are no provision in the agreement the law in New York still requires you to get the fathers permission or a court order to relocate the child out of the juristiction. Given the fact that the proposed location is only 20 minutes from the current home, the Court may allow the move. It depends on why you made the move, is it in the child's best interest and is the fathers parenting time infringed on.

If you have any other question please feel free to contact me

Davisd L. Martin Esq.

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