Question #21: Is it true that if you are a NY resident and get a divorce here my former spouse cannotleave the area with our child against my will? Also, what if she leaves the state with our child before filing divorce, how can I make her come back? Basically, I don’t want to lose my child. Thanks in advance.

Answer:
Generally , the Courts would not allow a custodial parent to remove a child from the general area they are living which would deprive the other parent the ability to see the child on a regular basis. If she were to remove the child before divorce, the problem of getting the child returned becomes much more complex and would require an order of the Court to return the child and then have such order recognized by the court in the jurisdiction that the child would be located in and have that court enforce the original order.
Leonard M. Weiner, Esq / Divorce Solutions