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LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

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MOVING RESTRICTIONS

Oct 27, 2018

Question #72: Hey, Me and my wife has agreed to get a divorce 3 months ago. We have two small children ages 2 and 5. We are currently still living together. I found out about a month ago that she is secretly dating someone from her past that is in listed in the army, that will be home soon from deployment. We live in New York and He lives in Florida, but he is in the army so I assume he moves a lot. I suspect that as soon as he is back that she is planning to take the kids and move in with him. She is not aware that I know about the relationship and promises me that she won’t take the children away from me. I don’t really believe her because she has been talking about Florida a lot lately. She tells me that she wants this to be amicable witch I’m willing to do 100% but what do I do if she takes the kids and leave before we even got to start the divorce or any sort of agreement? I don’t care about any of the material things and she can have it all, All I care about is to be with my children and be a great farther for them. Also seeing that he is in the army will it be in the kids best interest to be moving every two years. All their family live in New York.

You can file for divorce before she leaves for FL and have the judge prevent her from moving with the kids without your consent. I strongly suggest you call me to arrange to mediate your divorce and we will work out this issue . Let her know you will not let her take the children […]

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Oct 27, 2018

Question #69: My husband and I have been separated for 10 months now and are just starting a legal process. He agreed to let me take my daughter to CA to live and go to private school where my family resides and now is saying that he will only allow it if I give up child support. He has told her she can go and now is setting restrictions. He wants me to “pay” for our freedom. what rights does she have in making the decision where she wants to live?

The courts will generally look to the “best interest of the child”, not the most comfortable Or expedient move for the custodial parent. Thus the court will be looking at the chance for improved schooling, friends, family support, etc. and how the move will impact the child’s relationship with the non residential parent. A sixteen […]

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Oct 26, 2018

Question #12: I have been divorced for 8 years. I have an 8 year old daughter who I see at least every other weekend. My ex-wife is thinking about moving. How far can she legally move from my residence

Answer: In order to properly answer your question I need to know what state you are located in. In New York State up until recently, the courts have been very reluctant to allow a custodial parent to take a child far away from the other parent. As of late, the courts have been much more […]

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