I currently live in NYC. My ex-husband lives four blocks away. Now I am in the process of closing on a house, and of course, it’s in a better area and school for the kids compared to NYC. It is a bit far north about an hour away from NYC but still in NY. I have no intention of stopping visitation, but my ex has claimed that I can not move away. We have Joint Legal Custody with me having physical custody. He hasn’t even paid child support in a long time he owes me, according to the SCU, thousands, and despite that, I still am very friendly with him. Can he attempt to stop me?
The Courts generally look to how the move will impact the non-resident parent’s ability to visit and be with the children. Thus, much would depend on how frequent your husband visits now, whether he has a car at his disposal, and whether the move will prevent him from seeing the children as much as he does now. The fact that you intend to move an only one-half hour away from your present location and that he has stopped paying child support are important and may influence the court’s decision. I strongly suggest that you consider mediating this matter rather than going to court, and I would be more than happy to meet with you and your husband to try to resolve this matter. Call me at 212-370-1660.
Leonard M. Weiner, Esq / Divorce Solutions