Legal Question in Family Law in New York
children support and moving
I have a question about child custody in NY. My friend recently had her divorce finalized in a Nassau County court. Her ex husband is supposed to pay child support and has rights to see the children. He has spent the last year and a half locked in his basement not paying a penny and not wishing to see the kids. He just recently decided he wants to see the kids but still wont pay any child support. My friend cannot afford to live in NY and is considering moving but there is a clause in the divorce that says she cant move more then 50 miles of her ex. He was given a court appointed lawyer while she cannot afford one cause she is the sole provider for 3 kids and makes less then $50 K a year. Can you please tell me her rights?
1 Answer from Attorneys
Re: children support and moving
Your friend will need to go to court to have the stipulation modified for a cause that it is in the best interests of the child to move. Your friend does not have any direct rights in this situation, she only can argue as to what is in the best interests of the child and why a move is necessary. She should get an attorney.