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 #6:


I am a resident of New York City with full custody of my 2 year old son whom I had with my ex-boyfriend. I recently got engaged and my fiance is looking to move to either Staten Island or a very close commute in NJ, say Old Bridge or Sayreville. My question is will the courts allow this move? I have heard horror stories from other people stating I could not move more than 15 miles from my ex-boyfriend. The ex-boyfriend just moved 10 blocks away from me in Queens so he can be closer to his son. Is the fact that I am getting married feasible enough to let me move? I do not want someone who never wanting me to ruin any chance of happiness for me. Right now I am a single mother of two and this man is ready to take on me and my two children.



Answer:
Question:

I am a resident of New York City with full custody of my 2 year old son whom I had with my ex-boyfriend. I recently got engaged and my fiance is looking to move to either Staten Island or a very close commute in NJ, say Old Bridge or Sayreville. My question is will the courts allow this move? I have heard horror stories from other people stating I could not move more than 15 miles from my ex-boyfriend. The ex-boyfriend just moved 10 blocks away from me in Queens so he can be closer to his son. Is the fact that I am getting married feasible enough to let me move? I do not want someone who never wanting me to ruin any chance of happiness for me. Right now I am a single mother of two and this man is ready to take on me and my two children.



Answer:


In general, the courts are reluctant to allow a custodial parent to move beyond a certain radius from the child's residents if such move will interfere with the other parents ability to develop a meaningful relationship with the child.

. In recent years, however the courts have been somewhat more receptive to the idea of a custodial parents moving, especially if it is not too far away from the original home, if the custodial parent can provide a good reason why is in the best interests of the child to move. Providing the child with a strong family setting with someone who cares for him, especially when the move is still within the city limits, may be entertained by a receptive judge. The decision will be left to the judge's discretion.


I strongly suggest that you call may at 212-370-1660 to arrange for me to meet with both you and your husband to try to mediate this issue and try to settle it outside of the court, which is really the best way to deal with this problem.


Leonard M. Weiner, Esq./Divorce Solutions
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