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Can I file for custody of my children if their mother is moving out of state without my consent?

Q: I am the non custodial parent of my 2 sons aged 15 and 8. I am planning to file for custody as my childs mother is planning a move out of New York. My 15 year old wants to live with me before all this came to light. Will I be able to move him to my house without issue? and will there be a problem with my 8yr old in regards to having custody?

A: David's Answer: If the mother has threatened to move, you should at the least send her a written communication objecting to the move. If you believe she has concrete plans, you should also file an order to show cause requesting the Court to restrain her from moving pending a trial on the issue. As for whether you will "have an issue" or there will "be a problem" in gaining custody of your children, this will need to be assessed by an attorney. As such, call a Bronx Child Custody attorney to schedule a consult. - David Bliven, Bronx Child Custody attorney (

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