Legal Question in Family Law in New York
wife moved to different state
my ex wife moved out of new york and took children. I hadn't seen them in 3 yrs due to financial problems, but always paid child support. Now i am back on my feey and found they are living in Va. My divorce papers say she can not move more then 50 miles. Do i have the right to have her return to N.Y.
2 Answers from Attorneys
Re: wife moved to different state
If she is in violation of a court order, you can file a petition to have her comply.
Re: wife moved to different state
Brodsky's wrong!
The court looks toward the best interest of the children and the Courts will not always uphold a jurisdiction limit.
Three years is a long time to be away from New York. The court will not move the children if they made friends and have substantial roots in VA.
However, that does not mean that you cannot have visitation - and you may file a petition to enforce your right (and the children's need) for meaningful visitation. However, before you run to Court, you should contact your ex to attempt to work out a visitation schedule.
Mike.
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