Legal Question in Family Law in New York

Move custody

My Divorce agreement states joint custody,with physical custody to the mother.it also states she can not move more than eighty miles away without my agreeing to it.she now wants to move to south carolina with her husband and my daughter who just turned 16. her husband is a salesman that has to travel alot and has this chance for a permant job in south carolina.can I stop them? i think it would put a strain on my relationship with my daughter.what can be done ? my daughter would like to move with them. but I think it is just for the glamor of the beaches,as she could not give me any reasons why she wants to move.also I find that south carolina is the lowest in the nation on the sat test,and charleston is below average on the sat test for sc.


Asked on 8/12/01, 12:05 am

1 Answer from Attorneys
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Move custody

If your separation agreement states that your ex cannot relocate beyond 80 miles, then she cannot relocate even 81 miles from your home. Here's the problem for you: to enforce this, you will have to take the matter to court. I don't know if attorney's fees will be prohibitive for you.

Another potential problem: the court may address your concerns by awarding you custody of the 16 year old child. This may not be feasible for you, and it may not be what your daughter wants either. The court may also just change your visitation schedule to address it. In a matter like this, unless you can negotiate a resolution, there is no way of telling precisely what a court will do.

Because of this uncertainty, I would retain a qualfied attorney to try to negotiate this to a successful resolution.

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Answered on 8/14/01, 8:32 am


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