My girlfriend lives in Staten Island, with her 2 children, ages 7 and 8. She would like to move in with me in NJ, approximately 30-35 miles from where she currently resides. Her divorce states that she can move up to 50 miles away. Her ex-husband, who takes the children every other weekend and every Wednesday, inconsistently at best, vows to make our lives miserable. Can he prevent her from moving 35 miles away?Answer:
Additionally, how can she log the missed visits with their father that is allowable by the courts? She is not looking to stop the visitation, just document when they donít take place.
I would have to review of the Separation Agreement and Judgment of Divorce in order to see exactly what the provision regarding moving beyond the 50 mile radius that you mentioned says. If in fact itís says itís a 50 mile radius, without limiting it to the New York State, you should have no legal problem moving 35 miles away to NJ.
With regard to logging the missed visitation appointments, she should keep a daily or weekly log, such as on a spreadsheet or weekly calendar, indicating the time and date of the appointment and either the late arrival or missed visitation appointment with the child. Such a log if kept on a consistent and accurate basis can be presented to the court in the event you wish to question the visitation provisions of your settlement.
If she is living in the New York City metropolitan area, please have her call me to arrange for a meeting to mediate the issue of moving to New Jersey. This is a matter which should be able to be settled without having to go to court.
Leonard M. Weiner, Esq./ Divorce Solutions