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Question #21:
I have been divorced for about one year and we have one son. We share 50 :50 visitation primary residence at my home. In our memorandum of understanding (2008) it states we will keep our son in current school district in our town of Springville, NY.unless discussed and agreed otherwise.

My current place of employment requires me to drive 30 minutes to work and 45 minutes in the winter. I want to move out of the school district but am concerned my son's father will disagree 100%.

Our son has special needs and has an Individual Education Plan and receives resource room help during his school day. Other than that he functions quite well. He does struggle academically and I am concerned his father will argue this move will disrupt his life totally.

I have no intention of denying his father access to his son and I was wondering what the law allows me to do in this matter.


The Court will look at what the best interests of the child will be. If you are moving just to provide yourself with a shorter or more convenient drive,
I doubt whether you will be successful. If however, you can show the Court that the child will have more time with you, that the educational opportunities in the new school are much better, that the child will have a broader support group to tend to his needs, etc., you may have a chance.
The best option, is to discuss the matter with your spouse and reach an accommodation that works for both.
If you are in the NYC metro area, please call me to discuss mediating this issue.

Leonard M. Weiner, Esq./ Divorce Solutions
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