Legal Question in Family Law in New York
New York Supreme Court Divorce Stipulation
Divorce stipulation clearly specifies that my exwife can remain in my apt until the following happens . if she remarries a written notice from 6o days of receiving notice to vacate the apt.she waives all rights to the lease and future leases which are in my name. we have joint custody she is custodial. she just lost case in ny family court to want to relocate my son to D.C where her new husband lives and works. she told the court she wanted to relocate but law guardian for my son 12 years specified his best interest was in ny. so she changed her story and now specified she want to be with my son. the judge said okay and so she remains taking care of my son in the apt in ny. judge would not entertain the thought that she is now married and so my divorce stipulation matter is to be handled by ny supreme court due to the fact she not in compliant of stipulation.note stipulation also specified she can not relocate out of 30 mile radius from columbus circle ny without consent from me or family ct.
next step and advise need to file a motion for trial in ny supreme ct after 61 days of notice. what is the perjection of the court in playing this stipulation out for her being married and non conpliant of stipulation. file for full custod
2 Answers from Attorneys
Re: New York Supreme Court Divorce Stipulation
The Court does not generally permit an Ex-spouse to live with a new spouse or partner, in the former marital abode, still owned in whole or part, by the party out of possession.
Change of custody is based upon the "BEST INTERESTS" of the child. And, the Best Interests are based upon several factors, including the child's desires.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ.
Re: New York Supreme Court Divorce Stipulation
A motion to compel compliance should be made. you can call me at 212 683 8677 for free telephone consultation