LEONARD M.WEINER, ESQ, Ph.D.
LEONARD M.WEINER, ESQ, Ph.D.
I have been divorced for eight years. I have an eight-year-old daughter who I see at least every other weekend. My ex-wife is thinking about moving. How far can she legally move from my residence .Read Answer
Hi, I recently have relocated from Lexington Kentucky to West Harrison, New York, due to my husband’s job. My husband is verbally abusive, and I see how this is affecting our three daughters. We’ve only been in New York for two months, and my question is if I wanted to move back to Lexington with my children, do I have that right, or is there some type of legal procedure I need to go through or to get his consent?Read Answer
I am living in New York City (Brooklyn). I need to know my rights for a legal separation. I would need to move out of the home I am currently sharing with my husband and two daughters, 2 and 7 yrs. I would like to take my daughters with me and the furniture I acquired before I was married or had children. I am also contemplating relocating to another State with the kids, but I do not know the laws of separation in New York. Also, I am concern that due to my earnings being more than my spouse, will I be responsible for paying support to my husband. If I later file for divorce will he be entitled to any assets I acquire after the separation (i.e., 401k, savings, etc.)
I have seven-year and 4 1/2 year old. I have joint – legal custody of them. Can I move out of the state?Read Answer
I currently live in NYC. My ex-husband lives four blocks away. Now I am in the process of closing on a house, and of course, it’s in a better area and school for the kids compared to NYC. It is a bit far north about an hour away from NYC but still in NY. I have no intention of stopping visitation, but my ex has claimed that I can not move away. We have Joint Legal Custody with me having physical custody. He hasn’t even paid child support in a long time he owes me, according to the SCU, thousands, and despite that, I still am very friendly with him. Can he attempt to stop me?Read Answer
My husband’s ex-wife wants to move out of state with his daughter. His son lives with us, but he still pays child support for both. If she takes his daughter to Florida, can he renegotiate child support for one child based on the FL calculations of support? She wants to put the child in a private school and wants him to pay when she can stay here and go to a great public school with us. Can she do this?Read Answer
I am a resident of New York City with full custody of my two-year-old son, whom I had with my ex-boyfriend. I recently got engaged, and my fiance is looking to move to either Staten Island or a very close commute in NJ, say Old Bridge or Sayreville. My question is, will the courts allow this move? I have heard horror stories from other people stating I could not move more than 15 miles from my ex-boyfriend. The ex-boyfriend just moved ten blocks away from me in Queens so he can be closer to his son. Is the fact that I am getting married feasible enough to let me move? I do not want someone who wanted to ruin any chance of happiness for me. Right now I am a single mother of two, and this man is ready to take on my two children and me.Read Answer
I live on Long Island. I have full custody of my daughter. Five years ago, her father (we were never married) up and moved to CT without letting us or the court know. At first, he didn’t see his daughter but has been visiting with her regularly for the last two years. I wish to move to Maryland. Will I be able to move to Maryland? He decided to leave NY, does that mean I’m bound to stay here forever?Read Answer
My ex and I have been separated for 4.5 years. I found out he was having an affair in 2003. When confronted, he voluntarily left the home we lived in Staten Island the very next day. He moved in with his parents, who live in Northern New Jersey, where he still resides today. We are currently waiting on our divorce papers to be signed and filed in Richmond County, which I did on my own with the NY divorce packet. I have had physical custody of our daughter, who is six now since that time. The first year and a half after he left, he was pretty much non-existent to us and didn’t help us in any way. I subsequently sold the house, which was in foreclosure at the time, and moved into a 2br apartment. Throughout all of this, I asked him repeatedly to come back, and we would try and work things out. Each time he told me no; that he was in love and would never be coming home again. After his girlfriend and he broke up, he wanted to come back home. I told him at that time that it was too late and that we needed to move on and get a divorce. My ex sees our daughter every other weekend (although he works all the time (not always mandatory) and usually gets to spend one day with her – Sunday). He will pick her up on Friday night, go to work all day Saturday, and then he will spend Sunday with her. He gets in one day during the week when he can, and when he does, he spends 2 hours with her. He has also mentioned that the driving back and forth from NJ to SI is too much for him. Well, a year and a half ago, I met a wonderful man. He is in the military (Navy) and has been for 17 years. He is now on an overseas tour in Japan for three years, after which he will either retire and come back to the states or reenlist and come back to the US. We are seriously talking about getting married when my divorce is final and possibly having my daughter, and I go there for a year or two to live with him. I live in NY, where it expensive, and I am hardly able to make ends meet for both of us here on my own. When the bills are paid, there isn’t a lot left over. Would this be considered a considerable change in circumstances, and what are the chances a judge would look favorably on this situation and allow me to go with my daughter to Japan? She would have access to everything on the base and also be exposed to a new culture, etc. Thanks!Read Answer
I’ve been married for almost 11 years now. My husband has been in the military for our entire marriage. Right now, we live on Long Island, NY. We have two children: a nine 1/2-year-old daughter and a two 1/2-year-old son. We have a mortgage together on our house. I want to move my children out of state near my family. He says the only way he’ll let me leave is if I sign over the house to him. Is there any way I can leave the state and still get half of the house? Plus, I’ve been told I’m entitled to part of his pension through the military. He says if I ever get remarried, I won’t get anything from his pension. Is that true?Read Answer