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Never married father just filed papers, wonders if mother can move away

Your Question:
My girlfriend and I have 3 children together,ages 4,3,2....things right now aren't going to well and it looks like it might be over.I have filed all the papers and the children have had my last name since birth...My question is where can she move the children to? i have been told that she can't take them out of our county without my permission...i don't know if that is true...but i would be happy if that were the case...the children are most definately better staying closer to my side of the tracks...can you help? we live in N.Y...thanks

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My Answer:

You should closely examine the forms that you filed and have had served on her.

In my state, for example, the initial filing form restricts both parents from removing the child from the state, absent a court order.

So, if you read through every piece of content on the papers and forms you filed with the court (and had served on the mother), and if there is no mention of removing the kids from the county or state... then the mother can take them wherever she wants.

In that scenario, it would be up to you to ask the judge to restrain the parents from relocating the children outside of your county, pending the final custody ruling.


This website gives common sense advice that is not intended to act as legal guidance nor psychological guidance. The author is neither an attorney nor licensed psychologist. For specific legal guidance or specific psychological guidance, consult with a licensed professional.

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