Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

CHILD CUSTODY & CHILD SUPPORT

Question #10:
I was divorced in 1996 in the State of Maine and still live here. My X-wife has custody and is the primary resident parent of two boys, ages at the time, 11 and 12. Now these two boys are interested in moving into my new home until they graduate. They will still go to the same school system. They are now 13 and 14. Can this be stopped against their will? I pay full child support to the state which is deducted from my pay check each week. Will this support be canceled? Can I request child support from my X wife? Thank you.
Answer:
In order to properly answer your question I must know whether you entered into a Separation Agreement upon your divorce and was custody of the children given to your spouse. If so, the children would not have a right to decide on their own where they wished to reside.
In order to change the residency arrangement, you would have to make a motion to the court to amend the custody decision which was rendered upon your divorce.
If the court consents to your being the primary resident parent, then you could apply to the court to have spouse contribute her share of support of the children.

If you are serious about altering the custody arrangement, you should contact an attorney experienced in matrimonial matters who can properly assist you.

Leonard M. Weiner, Esq./Divorce Solutions

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