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Moving to Colorado

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sx400

Member
What is the name of your state? New York

We have split custody of our two children, I have son 11, ex has daughter 13, we each take both kids every other weekend. Been working out well for almost three years
Question; my son and I want to move to Co. I hate to do this to my daughter,(she may want to go with us) but I know it going to be tough for her to leave her mom, or for me to leave my daughter, which ever the case. But I have aways wanted to move back to Co, and I now have the opportunity. What are the lagalities, any advise suggestions welcome. Plane fares are resonable enough we can exchange kids on holidays, summers ect. Just not sure about being seperated from my daughter for long periods of time. :confused: I guess Im looking for the legal advise as well as some moral advise.
 


casa

Senior Member
sx400 said:
What is the name of your state? New York

We have split custody of our two children, I have son 11, ex has daughter 13, we each take both kids every other weekend. Been working out well for almost three years
Question; my son and I want to move to Co. I hate to do this to my daughter,(she may want to go with us) but I know it going to be tough for her to leave her mom, or for me to leave my daughter, which ever the case. But I have aways wanted to move back to Co, and I now have the opportunity. What are the lagalities, any advise suggestions welcome. Plane fares are resonable enough we can exchange kids on holidays, summers ect. Just not sure about being seperated from my daughter for long periods of time. :confused: I guess Im looking for the legal advise as well as some moral advise.
You can petition the courts to move out of state. The mother will either agree or fight the move. If the mother fights the move, the court will look at whether or not you can demonstrate the move will be in the best interest of the child(ren). Typically courts don't like to separate siblings, but yours are already - to an extent- separated. I think most of it will depend on how the mother reacts to the move, since she'll be losing significant parenting time with her son. It's possible the court will say you can move, but the son has to remain with the mother and sister.

Have you consulted an attorney about the specifics of your case? I ask, because moving just because you "want to" is generally not a good enough reason to split up parents and children or siblings.
 

snostar

Senior Member
Is the current jurisdiction NY? Is there a clause in the custody order that addresses the issue of relocation?
 

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