Legal Question in Family Law in New York
Me and My wife have been separated for 3 years now, we have 3 kids I stay in the same home in a separate room, for the sake of the kids my youngest is 2 years old, we live in a dangerous neighborhood, I begged her for us to move to provide a better life for the kids and a safer place, my daughter is 13 and my other son is 16 sharing a 10x20 room I have been working saving to buy a house and also paying the rent while I�m there, we have not have sex since, I really need the help what can I do, can a court help, since she cannot provide a better life for the kids and refuse to work with me, I�m afraid something will happen to these kids in any giving day this is the reason why I can�t leave, 2 months ago a 15 years old girl got rape, last month there was a shootout in front of the house, thank God I was home I took the kids to the back room we are on the first floor, I don�t let the kids play outside, they stayed in the house unless one of us take them out it is breaking my heart I can provide a better life for them but she won�t let me, how long can I live like this, how long can they live like this, I ask her no money, I just went under contract for a home in Monroe county Pa I need to get those kids out, the law is so messed up and corrupted, man like me cannot save these kids what can I do, is there a way the court can give her an ultimatum either get the kids to a safe place or let them come with me
1 Answer from Attorneys
If you live in NYS and your kids have been in NYS for most of their lives, your relocating them to PA without your wife's permission could result in her bringing a proceeding in Family Court to prohibit your relocation with them. Anyone thinking of relocating with their children whose spouse (or the other parent of the child/children) is not in agreement, should start a custody and relocation proceeding in their local family court to secure custody and permission to relocate. New York courts will look to see if the move will deprive the non-moving parent of meaningful access to the child and also consider what is in the child's best interests. This is a complicated analysis and this type of case could take months to a year to resolve itself, so I don't advise making any moves to purchase a home outside of the area until the relocation issue is resolved in court.
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