I suggest she enter into a letter agreement with her husband providing that he consents to her temporarily leaving the State for a period not to exceed _____ days to visit with you and that such leaving will not be deemed abandonment. It also includes a provision that he has agreed to fully care for and provide for the children in her temporary absence.
If your friend is living in the New York City metropolitan area, I strongly suggest that she call me to discuss mediating her divorce. The adversarial procedure is costly, frustrating and only encourages further alienation and distrust of the other spouse, which will interfere with their ability to continue to remain actively involved and their children’s lives and to deal with each other civilly in the future. I can be reached at 212-370-1660.
Leonard M. Weiner, Esq./Divorce Solutions