Question #8

Most courts will be cautious to provide you with the ability to see your son on a continuous and regular basis. They will not allow your spouse to take the child away from you unless there are extenuating circumstances which the court shall deem as being in the best interests of the child, that the child is relocated with his mother to a distant location.

If you can mediate this matter, the negotiated resolution will be entered into the Separation Agreement as a provision of the separation in which it will describe in detail the exact procedure to follow when one of the parties moves outside the immediate area of residency.

Leonard M. Weiner, Esq./Divorce Solutions

Question #5

I can not advise you about specific Ohio statutes or case law regarding your question about visitation rights, but I can tell you that in general, courts take into consideration the feelings of minor children, especially teenagers who exhibit maturity of thought and mind. Still, such feelings and opinions of the children alone will not be determinative in every situation, and it will be up to the judge to decide whether to enforce the visitation or not.
If the custodial parent is interfering with the ability of the non-custodial parent to develop a positive relationship with the child, which includes disparaging and negative remarks being made about the non-custodial parent, or is in any other way interfering with the relationship, the courts will take necessary steps including sanctions against the custodial parent.

Leonard M. Weiner, Esq./Divorce Solutions

Question #47

If you have sole custody of the children ( not just the resident parent, but sole custody), you should hire an experienced matrimonial attorney in your area to petition the court to terminate your spouse’s visitation rights because he is interfering with your ability to fulfill your duties as sole custodian and undermining your authority with the children.

Leonard M. Weiner, Esq./Divorce Solutions

Question #54

These issues should have been discussed and decided and incorporated into the Separation Agreement.
there are no statutory requirements for visitation, and you should try to work out a schedule with your ex
to cover the holidays, vacations, and summer and be sure to reduce the understanding to writing. If you cannot reach an agreement, I would be happy to assist you in mediating the terms of the agreement and drafting the necessary provisions.

If you are located in the NYC metro area, please call me at 212-370-1660 to arrange for a meeting.

Leonard M. Weiner, Esq./Divorce Solutions

Question #58

1. At the end of the divorce proceedings, there should be a Judgment of Divorce which will finalize the divorce; but such order, at least in NY, will come only after all of the financial issues have been decided as well as child custody, support, and a detailed visitation schedule have been resolved.

2. You did not state in what state the divorce is taking place. Still, in NY, as in most states in the US, the judges are very concerned about allowing the non-custodial parent the right to see the children on a continuous, regular basis, with liberal visitation rights. It seems very unusual that the judge is limiting the father’s access to the children and restricting the grandparents’ right to see the child. There seems to be more to the story.

3. He should have addressed this travel issue as soon as it happened and not waited five years.

Leonard M. Weiner, Esq/Divorce Solutions

Question #61

If you have joint custody or even visitation or communication rights with your child, which in most cases
The non-residential parent has, you should be entitled to know where your child is, how to get in touch with the child,
And whether the child is located in a safe environment. Unless there is an order of protection against you which expressly
Denies you access to the child and to know the child’s whereabouts, you should be entitled to know that information and be kept abreast of any changes
In such information. If you are presently in a divorce proceeding, you may make a motion to the court to force your spouse to provide you with this
information regularly by email or otherwise.
Leonard M. Weiner, Esq./Divorce Solutions

Question #66

The answer to your question should be expressly spelled out in the Separation Agreement to which you refer.

Get a copy and take a look to see what it says about non-residential parent’s responsibility regarding visitation.

If it is silent regarding this matter, your daughter should not have any obligation to bring the children to him.

Leonard M. Weiner, Esq./Divorce Solutions

Question #284

If you have been living in NY State for a continuous period of 2 years, you can file in NY.

If you are living in the NYC metro area, I strongly recommend you call me at 212-370-1660 to arrange for a meeting

For us to discuss mediating your divorce. If you both agree to mediate, you will be paying only one attorney instead of 2,

You both will decide along with the help of the mediator who shall pay for what and how to divide your marital assets.

You will also not have to spend hours sitting around the courtroom waiting for your ten minutes before the judge.

All of our discussions will be held in the quiet of my office. It is just a much more civilized way of dealing with the matter and will save much time, emotional distress, anxiety, and aggravation.

Give me a call. I can help.

Leonard Weiner, Esq/Divorce Solutions

Question #92

You did not indicate what state you live in, so it is difficult to give you a definitive answer. In New York, for instance, which is an “equitable distribution” state, each spouse is entitled to approximately one half of all marital property, which is defined as property of any kind acquired during the course of the marriage by either spouse other than property acquired by gift or inheritance.

If the house and retirement funds meet the definition of marital property,
she would be entitled to half, even though she never worked.

Leonard M. Weiner, Esq. Divorce Solutions

Question #143

No, New York is not a “community property” state. However, New York has what is called “Equitable Distribution,” which is similar to community property. It provides the judge hearing the case with somewhat more discretion to allow one party to receive more or less than the other party, depending on the circumstances.