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 #25:
I live in Chicago, IL. My ex-partner (the mother of my daughter) filed for child support. I have no issue with this at all. I know that the money that I provide will be for my daughter. I have not been in front of a judge at all right now. I do have court this month coming up in April. No amount has been issued officially to give as child support yet. We do alternate weeks with our daughter, she stays on week with her and one week with me. I provide her with diapers, wipes and small stuff that she might need our daughter. She recently told me that she is going to move to Indiana. Is she allowed to do that? Does she have to go through a judge’s order in order to move? The issue here will be me not being able to see my daughter and also not knowing where she going to stay, since I already know that she is not going to provide me with an address of where she will be living. What can I do to prevent this?

Answer:

Your wife cannot permanently take the child out of state and interfere with your ability to have a close relationship with your child.
No court would ever condone such a unilateral move.
If necessary, go to family court in your jurisdiction and discuss with a family court assistant what steps you should take to prevent such a move.
If you are divorcing , you could file for divorce and then have the judge stop the move.

Leonard Weiner, Esq./Divorce Solutions
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