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 #28:
I have a three and a half year old daughter. Due to her mother being married (although trying to get a divorce. her husband disappeared on her) when our daughter was born, I was not put on the birth certificate. Now that she is divorced, we were able to put my name on the birth certificate as the father of our daughter. We are now going to court for joint custody in May. The mother and I are no longer together but have had a great relationship when it comes to our daughter. We have split the time so she lives with both of us weekly (March 2013 - April
2014 4days with mom and 3 with me. April 2014 to present 4 days with me and 3 with mom)
The problem is that she wants to move to California to live with her boyfriend. I am not okay with my daughter moving with her. Can she just move against my wishes? Can I stop her from moving?

Answer:

No, she cannot just pack up with your daughter and leave for CA without your consent.
If you are paying child support, have a close relationship with the child, as you appear to do,
The Court will not allow your spouse to take the child so far away and interfere with your relationship with the child.
If you are living in the NYC metro area, call me to arrange for a meeting to discuss mediating this matter.

Leonard Weiner, Esq./Divorce Solutions
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