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What are my next steps if the father of my child disagrees with my decision to move to another state and filed a petition?

Q: I recently was presented with the opportunity to move to another state with my significant other. At the moment my son and I live with my mom and siblings in a three bedroom apartment. Moving with my significant other to another state means that my child will have his own bedroom, live in a safer environment and attend a better school. His dad served me with custody papers and I don’t know what to do next. However, i feel confident in my parenting skills and I am primarily making this move to give my son a chance to have what he doesn’t have now (his own bedroom, better education, better neighborhood). I am not asking for sole custody of my child and have said many times to his dad that I respect his rights as a parent and I am more than happy to split up our time with our son by allowing him to have him over the summer/winter breaks along with other holidays which require him to be away from school without negatively affecting our son’s life. I don’t want to take my son away from his dad, but I know this move is crucial and will improve the quality of life of our son. I live in New York City and was just served papers and don’t know what to do next. Am I allowed to still move?


A: David’s Answer:
You must file a counter-petition seeking custody & permission to relocate. You should also file a petition seeking an order of child support. There are ways to negotiate a resolution of these issues, but you’d greatly benefit from having an attorney represent you. Thus, call a Bronx Child Custody attorney to schedule a consult

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