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Can I move with my military husband if there is a prior custody order for my daughter?

Q: I have a daughter with my ex. She is currently 8 years old. I received a final order of custody in this year August. I have sole physical and legal custody and my ex gets every other weekend Saturday morning to Sunday evening. Plus holidays are split between us alternating years for day visits. In the order it also says that I cannot relocate outside of the greater New York city area. My husband is about to join the military and he is thinking of doing active duty marines. Which means that after he finishes basic training and tech school he will be stationed on a base out of state. If I want to move with him to live on base in another state, will I be able to bring my daughter with me and get my court order modify so that I can move out of state. The base could be located in either California, Georgia, South Carolina, Arizona or Virginia. How do court orders work when you are married to someone in the military but have a child with your ex? How does family court handle situations like this? I already know my ex will not agree to allow the move. I don’t want to stay behind from my husband for 4 years but I dont want to leave my daughter with my ex since he cannot support her.

A: You cannot automatically move, merely because you have sole custody. You’d need either the Father’s express permission, or you’d need to file a custody relocation case in Family Court. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

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