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 #1: I am living in New York City (Brooklyn). I need to know my rights for a legal separation. I would need to move out of the home I am currently sharing with my husband and 2 daughters 2 and 7 yrs. I would like to take my daughters with me and the furniture I acquired before I was married or had children. I am also contemplating relocating to another State with the kids but I do not know the laws of separation in New York. In addition, I am concern that due to my earnings being more than my spouse will I be responsible to pay support to my husband. If I later file for divorce will he be entitled to any assets I acquire after the separation (i.e. 401k, savings etc.)

Read answer

Question #2: I have 7 year and 4 1/2 year old. I have joint - legal custody of them. Can I move out of the state?

Read answer

Question #3: My friend lives in NY with her husband, her mother and 3 years old son. She wants to move to me to California. Are there any legal grounds for her husband or mother to prevent her from leaving NY with the child? In case of divorce her husband will cause her all possible problems. What could these problems be legally? Can she leave NY with the child before the divorce is finalized? Before he filed a divorce? How long does the divorce process take? Can they make her to come back? If yes, how? The adultery took place and he knows about it but he is ready to forgive her if she stays. Can he or her mother get custody of the child after divorce? They are both working, he makes a little more. She doesn't want anything from him after the divorce. But if he has a right to make her stay in NY and will do that what legal ways of pressing on him financially does she have?

Read answer

Question #4: I currently live in NYC, my ex husband lives 4 blocks away. Now I am in the process of closing on a house and of course its in a better area and school for the kids compared to NYC. It is a bit far north about an hour away from NYC but still in NY. I have no intentions of stopping visitation but my ex has claimed that I can not move away. We have Joint Legal Custody with me having physical custody. He hasn't even paid child support in a long time its somewhere in the amount he owes me according to the SCU is in the thousands and with that I still am very nice with him. Can he really attempt to stop me?

Read answer

Question #5:

My husband's ex wife wants to move out of state with his daughter. His son lives with us but he still pays child support for both. If she takes his daughter to Florida, can he renegotiate child support for one child based on the FL calculations of support? She wants to put the child in private school and wants him to pay when she can stay here and go to a great public school with us. Can she do this?



Read answer

Question #6:

I am a resident of New York City with full custody of my 2 year old son whom I had with my ex-boyfriend. I recently got engaged and my fiance is looking to move to either Staten Island or a very close commute in NJ, say Old Bridge or Sayreville. My question is will the courts allow this move? I have heard horror stories from other people stating I could not move more than 15 miles from my ex-boyfriend. The ex-boyfriend just moved 10 blocks away from me in Queens so he can be closer to his son. Is the fact that I am getting married feasible enough to let me move? I do not want someone who never wanting me to ruin any chance of happiness for me. Right now I am a single mother of two and this man is ready to take on me and my two children.




Read answer

Question #7:

I live on Long Island. I have full custody of my daughter. Five years ago her father (we were never married) up and moved to CT without letting us or the court know. At first he didn't see his daughter, but has been visiting with her regularly for the last 2 years. I wish to move to Maryland. Will I be able to move to Maryland? He decided to leave NY, does that mean I'm bound to stay here forever?




Read answer

Question #8: My ex and I have been separated for 4.5 years. I found out he was having an affair in 2003. When confronted, he voluntarily left the home we lived in in Staten Island the very next day. He moved in with his parents who live in Northern New Jersey, where he still resides today. We are currently awaiting on our divorce papers to be signed and filed in Richmond County, which I did on my own with the NY divorce packet. I have had physical custody of our daughter who is 6 now since that time. The first year and a half after he left he was pretty much non-existent to us and didnt help us in any way. I subsequently sold the house which was in foreclosure at the time and moved into a 2br apartment. Throughout all of this, I asked him repeatedly to come back and we would try and work things out, each time him telling me no, that he was in love and would never be coming home again. After his girlfriend and he broke up, he wanted to come back home. I told him at that time that it was too late and that we needed to move on and get a divorce. My ex sees our daughter every other weekend (although he works all the time (not always mandatory) and usually gets to spend one day with her - Sunday). He will pick her up on Friday night, go to work all day Saturday and then he will spend Sunday with her. He gets in one day during the week when he can and when he does he spends 2 hours with her. He has also mentioned that the driving back and forth from NJ to SI is too much for him. Well, a year and a half ago I met a wonderful man. He is in the military (Navy) and has been for 17 years. He is now on an overseas tour in Japan for three years, after which he will either retire and come back to the states or reenlist and come back to the US. We are seriously talking about getting married when my divorce is final and possibly having my daughter and I go there for a year or two to live with him. I live in NY where its very expensive and I am hardly able to make ends meet for both of us here on my own. When the bills are paid, there isnt a lot left over. Would this be considered a conisderable change in circumstances and what are the chances a judge would look favorably on this situation and allow me to go with my daughter to japan. She would have access to everything on the base and also be exposed to a new culture, etc.

Thanks!


Read answer

Question #9: I've been married for almost 11 years now. My husband has been in the military for our entire marriage. Right now we live on Long Island, NY. We have 2 children. A 9 1/2 year old daughter and a 2 1/2 year old son. We have a mortgage together on our house. I want to move my children out of state near my family. He says the only way he'll let me leave is if I sign over the house to him. Is there anyway I can leave the state and still get my half of the house? Plus, I've been told I'm intitled to part of his pension through the military. He says if I ever get remarried, I won't get anything from his pension. Is that true?


Read answer

Question #10: My wife of 15 years is filing for divorce. Although she initially claimed it was due to “unhappiness and falling out of love”, I have since found out that another man is also involved. She has advised that she wants to move to another state (where the other man resides as well) even prior to the divorce settlement as this is where she plans to start over and wants the kids “settled” as soon as possible. We have 3 children ages 6 through 13 with – to all have been a very committed, involved dad. We move quite frequently (usually every few years) because of my line of work, so I realize we don’t have a solid “home base”. I cannot realistically move where she plans and continue to support the family. She claims while she doesn’t want to take the children away from me, that she will seek this move through the courts if she has to. Her reasoning is that as a stay at home mom, she will be granted primary custodial rights anyway, and will as such have the right to move eventually. Is this true? What options do I have?


Read answer

Question #11: My husband and I live in New York and I am wanting to get a divorce. We have one child together and I was wondering if I had to stay in New York or would I be able to move to North Carolina before the divorce is final. My sister lives down there and she would be able to help me get on my feet because I don't think I would be able to support myself and child if I were to stay in New York.


Read answer

Question #12: My fiance' lives in NY. She has been divorced for 4 years and has custody of 2 minor children, ages 10 and 15. I live in NH and we had planned on her moving here with her kids this summer. She mentioned this to her ex husband who also lives in NY, and he said that he would allow her and the kids to move providing that they don't move beyond a 75 mile radius. He told her that that was a NY state law. Their divorce paper do not state that she has to ask for his permission, but is this a given anyway? The ex is involved in the childrens lives (usually gets the son every other weekend, but the daughter, who is ten is reluctant to go there), and he stated that he doesn't have any problems with me, he is happy that I have been such a good influence on them. She wants to get the kids (and herself) out of Queens because she doesn't think it's a good environment for them. The kids were also excited to be moving from NY. I guess my question is, is there such a law prohibiting her from moving outside of a 75 mile radius, and what do we need to do next?
Thank you very much for your time in this matter.


Read answer

Question #13: I am looking to get a divorce. My husband and I have been together since 1998 and married since 2002. We have a 15 month baby. What is the procedure on moving back to WA State where I am from with my baby? I moved here to live with my husband and I have no family or friends to help me out with my son. I don’t think I can support my son and me living in NYC. Please let me know how this works.

Thanks




Read answer

Question #14:
I have been separated for over a year. My spouse has recently lost his job and hasn't paid child support in 2 months and counting. I have recently started a full time job but am continuing to have difficulties with the high rent in the town where we both live. I have been asked by my boyfriend to move in with him and his son. This would mean living a 1/2 hour drive away from the childrens father. I have no problem arranging drop off and pick ups at his parents home which is almost halfway between the 2 areas and keeping the same visitation schedule that we have currently had for the past year. My ex continues to tell me that there is no way he will let me take the kids out of their current school district. He has been their football coach for a couple of years and he states that I will be taking away his childrens childhood if they don't play for the same league. Should I be concerned regarding this? Can he really keep me living in the same school district for the next 13 years until my daughter finishes school? We will be moving from a 3 bedroom townhouse that I pay $1000/mth plus utilities to a 4 bedroom home with a huge lot of land and I will pay much less than this...please help ease my mind...






Read answer

Question #15: My ex and I have in our divorce agreement that if either of us moves more than 30 miles away from a mutual location, the visitation rights will be revisited. We have been alternating the pick up and drop off evenly for 4 years. Recently I moved 23 miles from the mutual location and she lives 26.5 miles from that shard point. Now she is demanding that I do both the pickup and the drop off as well. In New York, is there any law which dictates which parent has to do pick-up and drop off? Or is the responsibility shared equally?



Read answer

Question #16: I have been divorced for 12 years my x husband and I have both remarried, We both live in NYS. I have always had residential custody with sharing of joint custody. Our 2 girls are now 13 and 16. Due to job circumstances my X husband will be moving to the country of Mexico, My 13 year old has been enticed by her father and step mother and is now contemplating moving with them. I dont have an issue with her moving in with them here but going to another unsafe I might add country is out of the question, Is there anything I can do to stop him Im hearing mixed views. What are the laws in New York and do I have a leg to stand on to keep my child with in an appropriate distance to see her often or stop it all together.


Read answer

Question #17:
I am the sole custodial parent of one child, age 11 and have resided in the same small apartment in NYC since before I was married. The non-custodial parent has been permitted only supervised visits for the past 8 years. In addition of having no parental role in our child's life, the non-custodial parent missed over 400 visits ( recently not having any contact with our child for two years straight), although resumed 1x weekly-90 minute supervised visits for the past four months. I was laid off a year and 1/2 ago, along with my new wife (lost her job five months ago) and have not found enough work in the metropolitan area to support our meager lifestyle here, despite collecting unemployment which will run out this coming fall. My job search expanded out of state in North Carolina, where I have some family, which has resulted in several legitimate opportunites for work in my field. Of course, I believe relocating to this area would be beneficial to our child with the obvious availability of less expensive housing (versus our apartment dwelling), schooling (after school activities currently not available in the city) to name a few. With the lack of relationship with the non-custodial parent, I am interested to know if the court would consider permitting this move so that I may begin to interview for these offers before losing my unemployment benefits? In addition, the non-custodial parent owes over $80K in child support and child care which has been a significant financial burden to my household.
Sincerely,
NY parent


Read answer

Question #18: My husband and I were married in Massachusetts. He is from Virginia
and I am from Massachusetts. We have a 4 year old and 4 month old. I
am a stay at home mother and he travels approx 75% of the year and is
hardly ever home. He has become emotionally abusive and I am planning
to get a divorce. We have been in NY almost 2 years and we own a home
here- under my husband only. I would like to move ASAP back to MA. In
order to go back to work as a single mother of 2 I need the help of
family (we have no family in NY). Is this possible? What would I need
to do?


Read answer

Question #19: I am married, with children and living in New York State. Can my wife take my children out of state and not tell me where they are? Is she allowed to take them on trips if I am not comfortable with the destination and do not want them to go? I have been told that I have no rights in this matter. Is there a resource that can tell me what my rights as a father are? Thank you.

Read answer

Question #20: Hi my husband and I have been married for 10 years in new York state. About 8 years ago, my step daughters mother dropped my step daughter off for visitation and never returned. We tried to force her to be active in her life by taking her to court. She asked the judge if she could give up her rights and he denied. child support has been deducting money direct out of her paycheck ,but she still has not made any contact with her other than that. In the custody papers, it says joint custody with my husband as her primary caretaker. We have a great opportunity to move to Kentucky for my husband's job transfer. My step daughter is now 16 years old and wants to go with us. If her mother does find out, can she take legal action? She has had no contact in 8 years. Can a 16 year old make that decision. We don't want to go to court and open a can of worms and have her fight it, just for the sake of giving us a hard time.
Thanks for your time.


Read answer

Question #21: I have been divorced for about one year and we have one son. We share 50 :50 visitation primary residence at my home. In our memorandum of understanding (2008) it states we will keep our son in current school district in our town of Springville, NY.unless discussed and agreed otherwise.

My current place of employment requires me to drive 30 minutes to work and 45 minutes in the winter. I want to move out of the school district but am concerned my son's father will disagree 100%.

Our son has special needs and has an Individual Education Plan and receives resource room help during his school day. Other than that he functions quite well. He does struggle academically and I am concerned his father will argue this move will disrupt his life totally.

I have no intention of denying his father access to his son and I was wondering what the law allows me to do in this matter.


Read 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 3 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 do not accept this position and considering its 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?

Read answer

Question #23: My ex and I have 2 children that we share joint custody of. We both live in the same apartment complex and I see my children daily. I am the parent who is primary in my children’s education ( keeping up on homework and involved 100%) My The kids have been in the school district for their entire education so far, and now my ex wants to move because she " wants to move away from me"...My children are upset and do not want to move. What can I do? I have been a strong role in their life since birth, and don’t know how I can be away from them.


Read answer

Question #24: My girlfriend lives in Staten Island, with her 2 children, ages 7 and 8. She would like to move in with me in NJ, approximately 30-35 miles from where she currently resides. Her divorce states that she can move up to 50 miles away. Her ex-husband, who takes the children every other weekend and every Wednesday, inconsistently at best, vows to make our lives miserable. Can he prevent her from moving 35 miles away?

Additionally, how can she log the missed visits with their father that is allowable by the courts? She is not looking to stop the visitation, just document when they don’t take place.

Thanks

Read answer

Question #25: I live in Chicago, IL. My ex-partner (the mother of my daughter) filed for child support. I have no issue with this at all. I know that the money that I provide will be for my daughter. I have not been in front of a judge at all right now. I do have court this month coming up in April. No amount has been issued officially to give as child support yet. We do alternate weeks with our daughter, she stays on week with her and one week with me. I provide her with diapers, wipes and small stuff that she might need our daughter. She recently told me that she is going to move to Indiana. Is she allowed to do that? Does she have to go through a judge’s order in order to move? The issue here will be me not being able to see my daughter and also not knowing where she going to stay, since I already know that she is not going to provide me with an address of where she will be living. What can I do to prevent this?


Read answer

Question #26: Do I need ex's consent to move to a new school district, but stay in state?

Leonard Weiner, Esq./ Divorce Solutions


Read answer

Question #27: I live in N Y and have recently filed for divorce, 2 weeks ago and today I find out my spouse has booked a trip to Italy with the kids in July for a what he call a two week vacation. It I just him and the kids. He told me in front of the kids tonight. I felt it was some sort of power move on his part but is he allowed to take kids out of the country before divorce is finalized. Is there an automatic stay order in NY.


Read answer

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?


Read answer

Question #29: I share joint custody both physical and legal with my ex for our 6 year old son. I currently live in NYC and would like to move to another state. Our court order dictates that we can move 20 miles from each other. The new home I have considered is 15 miles from my son's dad. Nothing will change. My son will stay in the same school. I will drive him to and from school and will offer to help any pickups/ or drop offs to my ex . Can I still move without fearing I am breaking the court order? The order only states the 20 miles distance and not stating any location.
thank you

Answer:
In order to properly respond to your question, I would have to carefully review the provision you are referring to regarding moving with the child.
From what you provided, it seems like you should be able to move because the restriction only dealt with distance, not moving out of state, but a more thorough review is necessary.
Please call me at 212-370-1660 to arrange for a meeting to review the court order to refer to.

Leonard Weiner, Esq./Divorce Solutions


Read answer