Legal Question in Family Law in New York

moving out of 25 mile restriction with children

Hi,

plan to get remarried and settle at fiance's home 50 miles from current residence. There is a 25 mile restriction. The mother has 2 hr weekday visitation 2ce a week,alternate weeks, and once a week on her weekend visitation weeks. My son is 7 and my daughter is 9. fiance has a daughter too who is 11. She lives in a much better school district and the kids will have a bigger home, more money and a complete family. The kids r keen. This is a temporary move and by the end of the year we plan to buy a bigger home and move closer to the mother. The childrens mother who is remarried-no children, will do everything to stop me even though she herself plans to move soon in the same direction-I do not want to wait-we would like to get married immediately.


Asked on 2/19/04, 7:13 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: moving out of 25 mile restriction with children

Congratulations on your upcoming marriage.

This looks like an easy one. you have an excellent chance to have a modification of the custody order approved.

The modification is made by motion on notice. I would be happy to assist you.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 2/19/04, 8:49 pm
richard feldman richard d. feldman

Re: moving out of 25 mile restriction with children

This should be done in Court otherwise your custody may be in jeopardy.

I have extensive experience in this area.

You can call at 516 410 4001 for free consultation.

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Answered on 2/20/04, 9:48 am


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