MOVING RESTRICTIONS

Nov 27, 2018

Question #300:I filed for divorce and full custody in February 2014. It is now October 2014. My husband and I has been separated since 2007. I hardly see him because he lives in Harrisburg P.A. for 6yrs. He has a new family and he says he doesn’t work that’s why he cannot provide for our 9 year old son. > > I have a part time job in New York and I want to move to another state because I found a better career opportunity guaranteed to me in San Francisco. I also have family who I can live with in San Francisco. > > I don’t know my husband address in P.A, he refuses to give it to me and I want to move for a better opportunity for my son and I too grow. > > Will I be able to leave the state?

Until you receive an Order from the Court and it is filed in the county clerk’s office, you are still married and cannot just leave the State with your child without your spouse’s consent. You should have your attorney make a motion to the Court to grant you permission to leave keeping in mind that […]

Oct 27, 2018

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

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 […]

Oct 27, 2018

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?

No, she cannot just pack up with your daughter and leave for CA without your consent. If you are paying child support, have a close relationship with the child, as you appear to do, The Court will not allow your spouse to take the child so far away and interfere with your relationship with the […]

Oct 27, 2018

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.

There is no automatic “Stay” to prevent your spouse from taking the kids overseas, but usually the airline and customs will require the signature of both parents when the children leave the country. Do not rely on this , however. Make a motion to the Court which is hearing your case to prevent your spouse […]

Oct 27, 2018

Question #26: Do I need ex’s consent to move to a new school district, but stay in state? Leonard Weiner, Esq./ Divorce Solutions

In order to properly answer your question I would have to examine your Separation Agreement or Divorce Settlement docs and the Judgment of Divorce to see what you may have agreed upon regarding moving. Generally, If the move is within a close proximity of the Non-residential spouse’s home and it would not seriously interfere with […]

Oct 27, 2018

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?

Your wife cannot permanently take the child out of state and interfere with your ability to have a close relationship with your child. No court would ever condone such a unilateral move. If necessary, go to family court in your jurisdiction and discuss with a family court assistant what steps you should take to prevent […]

Oct 27, 2018

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

I would have to review of the Separation Agreement and Judgment of Divorce in order to see exactly what the provision regarding moving beyond the 50 mile radius that you mentioned says. If in fact it’s says it’s a 50 mile radius, without limiting it to the New York State, you should have no legal […]

Oct 27, 2018

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.

You indicate that you have joint custody. Have you entered into a written separation agreement and does your divorce judgment or Separation Agreement address the issue of moving outside a particular area? Generally, if you have a strong, ongoing relationship with your children, the courts would normally value that relationship and not allow a move […]

Oct 27, 2018

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?

The courts have recently been more receptive to expanding the restrictions of 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 […]

Oct 27, 2018

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.

The Court will look at what the best interests of the child will be. If you are moving just to provide yourself with a shorter or more convenient drive, I doubt whether you will be successful. If however, you can show the Court that the child will have more time with you, that the educational […]

LEONARD M.WEINER, ESQ, Ph.D.

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Question #26: Do I need ex’s consent to move to a new school district, but stay in state? Leonard Weiner, Esq./ Divorce Solutions