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

MOVING RESTRICTIONS

Question #3:
My friend lives in NY with her husband, her mother and 3 years old son. She wants to move to me to California. Are there any legal grounds for her husband or mother to prevent her from leaving NY with the child? In case of divorce her husband will cause her all possible problems. What could these problems be legally? Can she leave NY with the child before the divorce is finalized? Before he filed a divorce? How long does the divorce process take? Can they make her to come back? If yes, how? The adultery took place and he knows about it but he is ready to forgive her if she stays. Can he or her mother get custody of the child after divorce? They are both working, he makes a little more. She doesn't want anything from him after the divorce. But if he has a right to make her stay in NY and will do that what legal ways of pressing on him financially does she have?
Answer:
Neither your friend's mother nor her husband has any right to prevent your friend from moving to California or any other place, provided your friend is an adult and is competent to take care of herself. However, as the father of her child, he has a right to see the child and the mother cannot legally run away with the child to keep it from the father unless there is some form of physical or other child abuse present.

from a purely practical standpoint, especially before any divorce proceedings have commenced, there is nothing to prevent your friend from taking her child with her and going to California. The husband can file for divorce in New York, assuming New York as jurisdiction, and your friend will have to appear in New York once personal service of the summons and complaint has been made.

The process of an adversarial divorce could be lengthy, (2 to 3 years) and very costly.

Custody of the child will depend on the court and will consider the best interests of the child as being the determinant in awarding custody to one or the other parent.

Leonard M. Weiner, Esq./Divorce Solutions

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