My question involves a child custody case from the State of: NY
If two people are legally married and there is no custody order in place, I was told it is legal for either of the parents to up and move out of state if they so choose. Is this true? I was also told by a family advocate that if the other parent wants to file for custody, and is unable to do so within six months of the parent moving then that parent has established residency making it even more difficult to get the children back to the original state. Is this also true? Finally the advocate said if the mother leaves and is fleeing a violent situation (previously documented in court and child protective services) that she has a good standing to be able to fight her spouse trying to get her to bring the children back?
If two people are legally married and there is no custody order in place, I was told it is legal for either of the parents to up and move out of state if they so choose. Is this true? I was also told by a family advocate that if the other parent wants to file for custody, and is unable to do so within six months of the parent moving then that parent has established residency making it even more difficult to get the children back to the original state. Is this also true? Finally the advocate said if the mother leaves and is fleeing a violent situation (previously documented in court and child protective services) that she has a good standing to be able to fight her spouse trying to get her to bring the children back?
Parental Kidnapping when Married
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