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 #4:
I currently live in NYC, my ex husband lives 4 blocks away. Now I am in the process of closing on a house and of course its in a better area and school for the kids compared to NYC. It is a bit far north about an hour away from NYC but still in NY. I have no intentions of stopping visitation but my ex has claimed that I can not move away. We have Joint Legal Custody with me having physical custody. He hasn't even paid child support in a long time its somewhere in the amount he owes me according to the SCU is in the thousands and with that I still am very nice with him. Can he really attempt to stop me?
Answer:
The Courts generally look to how the move will impact the non-resident parent's ability to visit and be with the children. Thus, much would depend on how frequent your husband visits now, whether he has a car at his disposal, and whether the move will prevent him from seeing the children as much as he does now. The fact that you intend to move only one half hour away from your present location and that he has stopped paying child support are important and may influence the Court's decision. I strongly suggest that you consider mediating this matter rather than going to Court and I would be more than happy to meet with you and your husband to try to resolve this matter . Call me at 212-370-1660.
Leonard M. Weiner, Esq / Divorce Solutions
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