Can the father of my child take my daughter overnight if he plans to move out of state ?

Q: Me and the father of my child have been in a custody battle due to domestic violence in the past he is planning on moving out of state to take my daughter overnight, but he is currently doing supervised visits will be due to the domestic violence if he moves out of state and later down the road, if he earns custody, will he be allowed to take my daughter overnight to his house even if it’s considered out of state. For example, we currently both live in New York, but he is planning to move to Connecticut. Is he allowed to take my daughter overnight to his house if it’s considered out of state do I have to make any recommendations for him not to take her overnight if it’s out of state.

A: Custody – and the ability to relocate with the child out-of-state – are two separate analysis done by the Judge at trial. You may be posing a separate questions, however, which is: can he have visitation with the child out-of-state? The answer to that will depend largely on what negative factors are sustained against him at trial, the age & preference of the child, as well as the distance to be traveled. Schedule a consult with a Westchester Family Law Attorney for a full assessment.