Can my wife take my son to live out of state without my permission? 3 Answers as of October 01, 2013

I live in New York and I am still legally married to the mother of my son. She and I have been separated but not legally for more than a year now. I took her to court for joint custody and visitations and I am paying child support. I was awarded temporary visitations until my next court date that's about a month and a half from now. Just recently she told me she has decided to move to north Carolina with her partner and she is taking my son. She told me that she went to court and she told them about it and they told her the only thing she had to do was inform me. I don't think that is possible to do without my consent. I don't even know if she will be leaving before the court date for the visitations and joint custody. What can I do in this situation?

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Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
The information you were told is misleading at best. You need to immediately file an Order to Show Cause to prevent her making any move. This is intricately involved with the pending custody/visitation petition. I also suggest that you ask for an "Attorney for the Child" be appointed by the Court and that you request a "forensic evaluation" be performed before she can remove the child from the jurisdiction.
Answer Applies to: New Jersey
Replied: 10/1/2013
Provda Law Firm
Provda Law Firm | Bruce Provda
She would have to petition the court, not just talk to them. They would need to notify you if you have joint custody and give you an opportunity to object.
Answer Applies to: New York
Replied: 10/1/2013
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