Legal Question in Family Law in New York

Re: moving kids out of state

You may be able to prevent the relocation. She will have to show that the move is in the children's best interests. That is, notwithstandiong the fact that they will lose regular contact and visitation with you, they benefit from the move.

Let me know if I can be of further help in preventing this move.

Daniel Clement

Re: moving kids out of state

The short answer to your question, "Can she do this?", is "Maybe."

To answer the question fully and accurately, I would have to know the relocation terms of your divorce. If the two of you came to a negotiated agreement, the conditions under which your ex-wife could relocate should be included in your separation agreement or stipulation agreement. If a judge decided the terms of divorce, then relocation should have been (but may not have been) covered in the decision.

In many cases, the "best interests of the children" ultimately determine whether a custodial parent can move with the children. So, the answer to your question might really depend on the reason for her move (New job? New relationship? Better for her or the kids' health? Spite? Mere whim?), and whether the move would be in the kids' best interest.

My advice: first check the agreement (or judge's decision) to see whether relocation was covered, and that should give you some info on whether you could interevene in her move.