My friend lives in NY State and her husband recently has moved out, leaving
her with 2 children, one of whom is disabled and needs fulltime care. She does
not work outside the home. She was planning on visiting me in another state for a week so she can pull herself together. Her husband has agreed to watch the children while she is gone. Is there anything she should do before leaving to ensure he doesn't claim abandonment or something else to make matters worse? All of this has just happened and she has not met with a lawyer yet although she has contacted a few to get some information.
I suggest she enter into a letter agreement between her and her husband providing that he consents to her temporarily leaving the state for a period not to exceed _____ days to visit with you, and that such leaving will not be deemed abandonment. Also include a provision that he has agreed to fully care for and provide for the children in her temporary absence.
If your friend is living in the New York City metropolitan area, I strongly suggest that she call me to discuss mediating her divorce. The adversarial procedure is costly, frustrating, and only encourages further alienation and distrust of the other spouse which will interfere with their ability to continue to remain actively involved and their children's lives and to deal with each other civilly in the future. I can be reached at 212-370-1660.
Leonard M. Weiner, Esq./Divorce Solutions