Legal Question in Family Law in New York

Relocating After A Divorce

Relocating After A Divorce.My wife divorced about three(3) years ago and remarried (to me).Her ex lives in Brooklyn, N.Y. and we live in Elmont, Long Island, a distance of about 12.5 miles. Her divorce agreement states that she cannot moves the kids (2) no more than a 20 mile radius from Brooklyn, N.Y. Her ex has visitation rights (Mon-Wed-Alternate Weekends), but visits only on the weekends as he claimed hardships in picking up the kids during the week (about 6 months ago). Now we are seriously considering relocating to Georgia for purposes of opening a business, for a better social environment in which the kids can grow up and to explore job opportunities for my wife who is an R.N. She spoke with him about the issue, but he declined to consider having the kids for summer (2 months) and for alternating major holidays and school breaks. Are there any case law to justify our actions or can we bring a successful suit against him?


Asked on 4/21/04, 1:10 pm

3 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: Relocating After A Divorce

Not to be the bearer of bad news, it appears that you would have a dificult task in persuadeing the court to modify it's decree regarding custody.The best chance is through mutual agreement of the parents.The courts generally hesitate to disrupt a working custodial relationship.

Read more
Answered on 4/22/04, 11:11 am
richard feldman richard d. feldman

Re: Relocating After A Divorce

the scenario that you describe would not automatically permit you to move. who has custody? you can call for free consultation at 212 683 8677

Read more
Answered on 4/21/04, 1:23 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Relocating After A Divorce

You should or May Petition the Family Court for Modifcation of the Vistitation/Custody Judgment, due Change of Circumstance.

Presumably, the Stip or Order was entered prior to your spouse's re-marriage to you and the two of you can show a credible and reasonable explanation for the relocation; and a PLAN for continuation of non custodial parent access; among of other things.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ.

Read more
Answered on 4/21/04, 8:37 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York