Legal Question in Family Law in New York
Ex-wife moving over 50 miles without my consent - We have joint custody
My 5 year old son told me that his mother was moving. I spoke to her about this and she told me that she was moving to Newburgh, NY (over 50 miles away). I dropped my son off to her apartment the other night and she has her house packed up and ready to move. We have joint custody of him. In our original separation papers we agreed not to move out of the Bronx/Westchester County. This document is signed by a judge. My final divorce papers dont have this in writing. How do I stop this from happening, should I file for full custody? (She had no intentions of letting me know about this until our son told me)
3 Answers from Attorneys
Re: Ex-wife moving over 50 miles without my consent - We have joint custody
If you had an attorney at the time of your divorce, you should contact him/her. If you did not have an attorney, this would be a good time to get one. If you wish to discuss, feel free to call us at 212-622-7180.
Re: Ex-wife moving over 50 miles without my consent - We have joint custody
You should immediately file a motion in court to prevent the move.
Daniel Clement
212 683-9551
Re: Ex-wife moving over 50 miles without my consent - We have joint custody
Based on the facts that you have stated, it appears that you should go to court immediately and ask for an injunction to order her not to change her residency. This is not a legal opinion since I have not been retained.
Jeremy Morley
Morley and Trager
www.international-divorce.com
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