I filed for divorce and full custody in February 2014. It is now October 2014. My husband and I have been separated since 2007. I hardly see him because he lives in Harrisburg, PA, for 6yrs. He has a new family, and he says he doesn’t work; that’s why he cannot provide for our nine-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 within San Francisco. I don’t know my husband’s address in PA, 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 permit you to leave, keeping in mind that the court will grant such permission if it is in the benefit of the child, and your spouse does not provide child support and has little, if any contact with the child.
If you are living in the NYC metro area, give me a call at 212-370-1660 to arrange for a meeting to discuss the matter at greater length.
Leonard Weiner, Esq.