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 three 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 I do not accept this position, and considering it is 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 on 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 for the child’s education (better schools), better friends, will be able to maintain, or even strengthen familial ties, etc. If the father has not maintained close contact with the child, it should also be mentioned.
It would be best to mediate this matter and arrive at an agreement with your spouse out of court.
If you are living in the NYC metro area, call me to arrange for an appointment to discuss the matter in greater length.
Leonard Weiner, Esq./Divorce Solutions