LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

Divorce Solutions

(212) 370-1660

(212) 370-1669

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Daily Question & Answer

Question #22

My divorce agreement dictates with a mileage restriction that I cannot move out of Long Island. I have been unable to find a job for 11 months. We have had to move three times in 8 months. I have a job offer in NJ. It is only 80 miles from home, and I would be amenable to sharing travel responsibilities. I am very worried about our future if I do not accept this position, and considering it is not much farther than the agreement, and my ex has a neglect charge in the past, would a judge allow me to move my son if my ex takes me to court?

The courts have recently been more receptive to expanding the restrictions on moving than they have in the past, but it is still going to be an uphill battle. The court will be looking for “the best interests of the child,” not your best interest.

Be prepared to show how this move will be best for the child’s education (better schools), better friends, will be able to maintain, or even strengthen familial ties, etc. If the father has not maintained close contact with the child, it should also be mentioned.

It would be best to mediate this matter and arrive at an agreement with your spouse out of court.

If you are living in the NYC metro area, call me to arrange for an appointment to discuss the matter in greater length.

Leonard Weiner, Esq./Divorce Solutions

Other Questions

Me and my husband have been married only a year. We are talking divorce. We have a nine month old son. Everything we have is in his name. He never would put my name on anything after I asked him to. Do i have to leave with my son and find a new home or am I allowed to stay here and raise my son?

  • June 18, 2019
  • Q&A

I have only been married for two years. I have two children and he has two and we all live Together in my husband’s house that he shared with his previous wife. We are having major issues and I don’t know what to do. We live out in the country around his family. All my family live out of state so I don’t really have a place to go. I left the house this weekend because my husband and I got into a heated argument and he had disabled the van I had been driving so I couldn’t go anywhere. I called the police and they came out to the house but by that time he fixed the van. Both of our young kids were crying, it was awful. He told me that I couldn’t come back to the house. My belonging are there. Does he have the right to change the locks on me? Can I call the police again before I go back? We have been staying in a hotel but money is running low. What are my rights as his wife although my name isn’t on his house. Can he just put my kids and me out?

  • June 18, 2019
  • Q&A

I live in Long Island and have been married for 20 years. My marriage hasn’t been easy through the whole marriage. I have two children who lives with us, one is underage and the other one is 19. I have questions in how to start this process. I can say that I’m nervous about it because I might be left with nothing. He has kicked me out of the house every time we argue but many of my friends tell me he can’t do that. He makes good money, the house is under his name, and he pays the mortgage. He has mentioned that the house is under the kids, including my step son. I am on Social Security Disability for about 5 months. Can he throw me out of the house? Will my younger child receive any money? He said I will not see a penny, meaning no alimony. I just want to leave this house and find an apartment for my kids and I but I don’t have the money for it. If he sells the house, will I get anything. I have no money saved because he has told me I have to pay the gas, light, car insurance and the phone bill which hardly leaves me with anything. What are my rights? How can I start in finding out in starting a divorce process. I am afraid because he has told me i will not receive a penny from him. Please tell me what can I do?

  • June 18, 2019
  • Q&A