I have been divorced for 12 years my x husband and I have both remarried, We both live in NYS. I have always had residential custody with sharing of joint custody. Our 2 girls are now 13 and 16. Due to job circumstances my X husband will be moving to the country of Mexico, My 13 year old has been enticed by her father and step mother and is now contemplating moving with them. I dont have an issue with her moving in with them here but going to another unsafe I might add country is out of the question, Is there anything I can do to stop him Im hearing mixed views. What are the laws in New York and do I have a leg to stand on to keep my child with in an appropriate distance to see her often or stop it all together.Answer:
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You absolutely do ! Generally, the courts will not allow one parent to move with the child if it will impair the other parentís ability to have a close and continual relationship with the child. Especially in this situation where the other parent wishes to move outside the country, and especially to Mexico, where it would be difficult if not impossible to enforce any of the courts Orders, the courts will be extremely reluctant to grant such a request.
Unless you have a provision in your Separation Agreement or stipulation before the court when you got divorced granting your spouse the right to move with any of the children outside the country,
Or unless there are unusual circumstances in which residential custody of the child must be changed, I do not see how the court would permit such a move without your consent.
If you are living in the New York City metropolitan area, I strongly suggest you call me to arrange for a meeting to discuss mediating this matter.
Leonard M. Weiner, Esq. /Divorce Solutions