Legal Question in Family Law in New York
Relocation after divorce
My sister is getting divorced from an abusive, adulterous husband and his lawyer and her lawyer say that she can't come home with their child because it is farther than 30 miles away. Is this true? After divorce my sister is still stuck living within 30 miles of her husband?
3 Answers from Attorneys
Re: Relocation after divorce
You need to provide more information to get a real answer. If the divorce is pending, it depends on what temporary orders may have been entered; if judgment has been entered, it depends on what the judgment says. In any event, if she relocates anywhere that seriously interferes with the father's time with the children, then she may be violating an order of the court. She needs to consult with an attorney before doing anything.
Re: Relocation after divorce
Unless there is a court order/judgment/stipulation ordering her to remain w/i 30 miles, she can move. There is no "law" that requires her to stay. However, he could then petition for the children (her)to be returned. She then gets to tell the Judge why it's in the children's best interest to move.
Since her own atty says she can not move, there must be something written. She should ask for a copy.
Re: Relocation after divorce
Sounds like this is probably a provision in the divorce agreement, couldn't say for sure without reviewing.
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