Can I take my son with me without getting permission from the absent father? 2 Answers as of August 08, 2016

My son’s father and I have not gone to court for custody. My son’s father has not been in the picture for more of the almost 5 years of my son’s life. He hasn't seen my son in 2 years, and only a few times prior to that. My husband wants to join the Navy but will be stationed outside of our home state. Also, once we move and get a place to live, can I go for custody in the new state? If I can, will my son’s father be able to make me move back so that he can get visitations or will he have to come to our new state?

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
If the biological father has had little or not contact with the boy, he has little to complain about if you relocate out of state due to your husband's military assignment. You will not be able to request a custody order until you have lived in the new state for at least 6 months. Until that 6 month period, all custody awards should be here.
Answer Applies to: New York
Replied: 8/8/2016
David A. Browde, P.C.
David A. Browde, P.C. | David Browde
It would be prudent to seek custody where you are now.
Answer Applies to: New York
Replied: 7/21/2016
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