Divorce Solutions

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 the sharing of joint custody. Our two 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 stepmother and is now contemplating moving with them. I don’t 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 I hear mixed views. What are the laws in New York, and do I have a leg to stand on to keep my child within an appropriate distance to see her often or stop it altogether?

You do! Generally, the courts will not allow one parent to move with the child if it impairs the other parent’s ability to have a close and continual relationship with the child. Especially in this situation where the other parent wishes to move outside the country, and especially to Mexico, where it would be difficult if not impossible to enforce any of the court orders, the courts will be extremely reluctant to grant such a request.

Unless you had a provision in your Separation Agreement or Stipulation when you got divorced granting your spouse the right to move with the children outside the country,
or unless there are unusual circumstances in which residential custody of the child must be changed, I do not see how the court would permit such a move without your consent.

If you are living in the New York City metropolitan area, I strongly suggest you call me to arrange for a meeting to discuss mediating this matter.

Leonard M. Weiner, Esq. /Divorce Solutions