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 #17:

I am the sole custodial parent of one child, age 11 and have resided in the same small apartment in NYC since before I was married. The non-custodial parent has been permitted only supervised visits for the past 8 years. In addition of having no parental role in our child's life, the non-custodial parent missed over 400 visits ( recently not having any contact with our child for two years straight), although resumed 1x weekly-90 minute supervised visits for the past four months. I was laid off a year and 1/2 ago, along with my new wife (lost her job five months ago) and have not found enough work in the metropolitan area to support our meager lifestyle here, despite collecting unemployment which will run out this coming fall. My job search expanded out of state in North Carolina, where I have some family, which has resulted in several legitimate opportunites for work in my field. Of course, I believe relocating to this area would be beneficial to our child with the obvious availability of less expensive housing (versus our apartment dwelling), schooling (after school activities currently not available in the city) to name a few. With the lack of relationship with the non-custodial parent, I am interested to know if the court would consider permitting this move so that I may begin to interview for these offers before losing my unemployment benefits? In addition, the non-custodial parent owes over $80K in child support and child care which has been a significant financial burden to my household.
Sincerely,
NY parent

Answer:

Recently the New York courts have been more receptive to the custodial parentís requests to move with the child as a result of financial hardship if in fact
The child will benefit. The courts will be looking at the present relationship between the non custodial parent and the child, whether in fact the child
Will have improved, strong family support in the new environment. The court will also look to whether the non custodial parent has been paying child support, etc.
Itís difficult to judge hearing only one side of the story, but based on the facts that you present, I think you will find a receptive ear with the court.
I do, however, suggest in the strongest terms that you should try to mediate with your spouse a resolution of this matter rather than litigate in court.
I can help. Speak to your spouse and give me a call at 212-370-1660 to arrange for an appointment to discuss the matter at greater length.

Leonard M. Weiner, Esq./ Divorce Solutions
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