Legal Question in Family Law in New York
nothing in the divorce decree about moving
There is nothing in our divorce decree about moving...either in state or out of state. Do i need to take him back to court if its in our best interest to move out of NY state. I have joint legal and full physical placement.
2 Answers from Attorneys
Re: nothing in the divorce decree about moving
Absent written consent to the relocation, you may wish to consider obtaining an order permitting the relocation.
Daniel Clement
Re: nothing in the divorce decree about moving
If you cannot get him to agree, he can go to family court to stop you from moving and then you will have to prove that moving the children away from their dad is in their best interest. How far away, other like opportunities and the age of the kids will all come into play. You should have a lawyer and consult with him before you announce your intent to your ex. Possibly he can work things out with your ex by taking the emotion out of ht issue. If not, at least you'll be prepared if your ex goes to family court.
If you are looking for a lawyer downstate, you may contact my office for a referral to a lawyer who may be able to help you.
Good Luck.
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