Interstate Child Custody Guidance

Summary

If you want to move out of state and your childs other parent has primary residence, you need consent from the other parent or court approval. The court will consider the best interest of the child in its decision. Your husbands presence in New York could potentially be beneficial as it may provide stability and support, but its crucial to consult with a family law attorney for advice tailored to your situation.

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Would it be better if my husband came back to New York for now to get this situation with my son figured out?
Hello ****, to better guide you, could you provide more information about the situation with your son? Also, is there a specific legal issue involved?
His father has primary residence of him and id like to move out of state with my husband
Hello ****, it seems you're dealing with interstate child custody issues. The laws vary by state. May I ask which state are you currently residing in? This will help me provide relevant information.
New York
In New York, if you want to move out of state and your child's other parent has primary residence, you need:
- Consent from the other parent
- Court approval if the other parent doesn't consent
The court will consider the best interest of the child in its decision.
Is it better if my husband comes back for now
It depends on your circumstances, but generally, the court may consider the stability of your child's living situation. So, your husband's presence could potentially be beneficial. However, it's crucial to consult with a family law attorney for advice tailored to your situation.
How do I explain this to my husband
You can explain to your husband that:
- Your son's father has primary residence, so to move out of state, you need his consent or court approval.
- The court will consider the child's best interest.
- Your husband's presence in New York could potentially influence the court's decision.
- It's important to consult with a family law attorney for personalized advice.
Is my husbands presence be a good or bad thing
Your husband's presence could potentially be seen as providing stability and support in your family's situation. However, every case is unique. It's best to consult with a family law attorney for advice specific to your circumstances.