“Is This Considered Relocation With The Children Without The Other Parent’s Permission?”

Q: “My ex boyfriend and his fiancee bought a home in CT about six months after we agreed on joint custody. It seems he has plans for the kids to live there with him but will not admit it. He lived in a 2bd room house in the bronx (owned by his mother who lives elsewhere) and moved some of his and the kids furniture to CT. The kids have their own rooms. He stated the kids will travel back in forth but will remain in school in Queens. If he travels from CT to Queens to take them to school is it fair to assume they have moved? His parenting time with the kids is spent in CT. He claims he is just traveling. I told him I did not consent to them moving or the long distance travel to school but he stated i need not intervene in his parenting time. I think he feels by stating they are just traveling he can get around NY relocation law. Our custody plan does not address moving. His new home is 60 miles from the kids school. The kids school from the Bronx was 11 miles.”

A: “Is the Father the Custodial parent? Do you otherwise share custody? Generally the custodial parent cannot move the children’s primary residence without either the permission of the other parent or court permission. But more facts are necessary to definitively answer this question. You’re best advised to schedule a consult with a Bronx Family Law Attorney for a full assessment.”