Legal Question in Family Law in New York

My sister in-law is living in AZ and she and her husband have separated due to him having several affairs. The husband does not want a formal divorce even though he has moved in with a girlfriend. The husband currently pays for a rental home for my sister in-law and their two children and provides her with $200 a month in spending money. She utilizes a vehicle that is registered in his name and paid for monthly by him to the bank. She has no employment and takes care of her two young children. They have no agreement otherwise and I fear he may one day stop all payment leaving her stuck in AZ.

I flew her and the children to New York State to visit and escape her husband for a while.

Should she obtain some sort of written separation agreement or is the current set up the best she can get?

If she wanted to relocate to NY State should it be down before any separation is filed in AZ?

Can she remain in NY State and enroll the children in school?

Thank You

Chris


Asked on 8/02/10, 12:25 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

This is a very complicated question. In order for your sister-in-law to get a New York divorce she must establish residency for at least one year for her to qualify.

As for a separation or divorce, your sister-in-law should see an attorney in AZ to determine her rights under AZ law. I personally think she should fight this out in AZ before any relocation.

As for moving with the children, she can stay in NY and enroll the children in school. The law states that the home state for the children is established after 6 months residency. If your SIL stays in NY for 6 months with the children and enrolls them in school, takes the to a NY doctor or other care, after school programs, then if during the 6 months the father doesn't takes any legal action to bring her and the children back the home state would change to NY.

To answer this further your SIL should contact an attorney either in AZ or NY. I can be reached at 516-746-4747.

Joel R. Salinger

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Answered on 8/08/10, 9:14 pm


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