Saturday, August 2, 2014

I notified ex I was moving out of state with child and he opposes. Do I continue with the move and register child or not?

Q: Live in NY moving to CT.
Relocation is less than the 50 miles that is in agreement. Agreement states if more than 50 miles I need to notify in writing and give him 90 days notice. My attorney told me all I needed to do was notify him. I wrote him a letter telling him. I did this at the beginning of June. He opposes the move. It is August and I have no petition filed saying I can't move. School starts in CT on August 25th.
I am moving them less than the 50 miles. I have agreed to meet spouse halfway for pickup. I am moving to be with my fiancé and because the school district is much better than where the child currently attends. The biggest reason is for the education for my child.

A: David's Answer: If you are positive the agreement states 50 miles & does not otherwise prohibit a move out of state, then you appear to be protected. That said, do you have sole or joint custody? If you have joint custody, you'd have the further obligation to not merely "notify" him of the move but ALSO have a meaningful (& lengthy) communication regarding same. For a full assessment, schedule a consult with a White Plains Family Law attorney. -- David Bliven, Westchester Family Law attorney (

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