LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

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(212) 370-1660

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Question #8

I am a thirty-year-old man seeking advice on how to handle addressing the problem of if my spouse(soon to be X spouse) decides to leave the state where am I left at and what suggestion would you have for figuring out I can put into the mediation to keep my son close to me or at close enough to afford to see him regularly. Thank you.  

Most courts will be cautious to provide you with the ability to see your son on a continuous and regular basis. They will not allow your spouse to take the child away from you unless there are extenuating circumstances which the court shall deem as being in the best interests of the child, that the child is relocated with his mother to a distant location.

If you can mediate this matter, the negotiated resolution will be entered into the Separation Agreement as a provision of the separation in which it will describe in detail the exact procedure to follow when one of the parties moves outside the immediate area of residency.

Leonard M. Weiner, Esq./Divorce Solutions

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