Q: Hello I’m the mother and I have joint custody with the father however my daughter lives with me 24/7 and I make all the important decisions pertaining to my child, I want to move out of the state of New York to Providence, Rhode Island to better myself and my daughter’s future, also my daughters father has threatened me and my family plus he’s a drug dealer and has been in trouble multiple times. So my question is can I move away with my daughter without the father’s consent to better myself and my daughters future?
A: David’s Answer: No – especially in a case where you have joint custody, you definitely cannot move without the father’s express consent (and in such event, it should be reduced to a written parenting agreement, at the least). Otherwise, you will need to file a custody/relocation petition with the Court. Schedule a consult with a Bronx Child Custody attorney for a full assessment.