Legal Question in Family Law in New York

Q. What should he do?

A. First he should get his papers in order. In other words, obtain and consolidate all tax returns, documents consisting of assets (pensions, bank accounts, etc.) and liabilities (credit card debt, mortgage, leases, etc.). If he is the one that wants the divorce, he should be filing and serving her with papers before she moves.

Q. Thye have a three year old son. Will it matter on custody if she moves before he files??

A. No. She is not allowed to obstruct your son's rights as to the child (and the child's rights as to the father). This is true whether or not they get divorced. If she is threatening to leave, your son has the right to make application to the Family Court for custody / visitation of the child. He has the right to demonstrate that the mother is in the process of taking the child out of state which would damage the father - son relationship.

Mike.

If she moves before he files, New York will no longer have jurisdiction over custody and your son will have to go to Tennessee to fight custody issues. He needs to take immediate action to prevent this.