Legal Question in Family Law in New York
moving
I am in the process of divorcing my husband, and the opportunity has come up to move near my mother (about an hour away). My lawyer says I can't do it, but I want a second opinion.
1 Answer from Attorneys
Re: moving
There seems to be a bit of a disconect here. I am assuming he is saying you cannot go because either:
A. you have children and your divorce decree says you must live within a certain amount of miles from your husband and your mom lives further than that, or
B. You want to move north or west to Canada, and then the mileage doesn't matter,
C. You want to move out of state and he doesn't think the court will let you because once the kids move out of state, then after 6 months NY would lose jurisdiction over the kids.
If any of these scenerios are correct, then your lawyer may be right. It doesn'nt mean he shouldn't ask, but you shouldn't count on it being granted.
If not, then we need more information to answer the question, such as the basis for his feeling the way he does about your chances.
Good luck.