Q: Both me and my child’s father have joint custody of our child. We both came up with an agreement on visitation and relocation. There is no jurisdiction or mileage restrictions on relocation therefore the judge made no decision we both did. I have in writing as long as I give advanced notice of me relocating and the father and I can agree on meeting arrangements there was no objection to relocating. I want to relocate close to my job because my child’s father isn’t physically present or active in his child’s life and most communication is done via phone and weekend visits every other month. Should I file a petition even though we both have in writing that it’s ok for me to relocate as long as I inform him that we will be relocating?
A: It’s hard to definitively say without a review of the agreement/order, but if the agreement states you can relocate with advance notice, and you’ve given the advance notice, then it appears you can do so. If the agreement is predicated upon a further agreement, however, then you may need to enter into a further stip. Call a Bronx Child Custody attorney to schedule a consult for a full assessment.