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What type of custody should I seek during a divorce if I plan to move overseas with our child?

  • By: David Bliven

Q: Hello, I am planning to file for divorce. I would like to ask for full legal and physical custody with regular visitation rights from the father while in the USA. However, I would like to have the option to move overseas with my child in the future and allow for unlimited visitation from the father or vise versa if he wishes to.

A: In your divorce complaint, you would just state (in the ancillary relief section) that you’re seeking sole custody as well as relocation of the child’s residence. Bear in mind, however, that a relocation is usually only granted where one proves who the move would benefit the child. Schedule a consult with a White Plains Family Law attorney for a full assessment.

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