Divorce Solutions

Question #12

My fiance’ lives in NY. She has been divorced for four 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 does not state that she has to ask for his permission, but is this a given anyway? The ex is involved in the children’s 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 suitable 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.

There is no such law, but you will have to get your spouse’s consent to move
with the child to NH. If you are living in the NYC metro area, please call me to arrange for a meeting to mediate this matter with your spouse and prepare the necessary legal agreement regarding the move.

Leonard M. Weiner, Esq./ Divorce Solutions