Question #10

My wife of 15 years is filing for divorce. Although she initially claimed it was due to “unhappiness and falling out of love,” I have since found out that another man is also involved. She has advised that she wants to move to another state (where the other man resides as well) even before the divorce settlement as this is where she plans to start over and wants the kids “settled” as soon as possible. We have three children ages 6 through 13 with – to all have been a very committed, involved dad. We move quite frequently (usually every few years) because of my line of work, so I realize we don’t have a solid “home base.” I cannot move where she plans and continue to support the family. She claims while she doesn’t want to take the children away from me, that she will seek this move through the courts if she has to. She reasons that as a stay at home mom, she will be granted primary custodial rights anyway, and will as such have the right to move eventually. Is this true? What options do I have?

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Question #11

My husband and I live in New York, and I want to get a divorce. We have one child together, and I was wondering if I had to stay in New York, or would I be able to move to North Carolina before the divorce is final. My sister lives down there, and she would be able to help me get on my feet because I don’t think I would be able to support myself and child if I were to stay in New Yor

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Question #12

My fiance’ lives in NY. She has been divorced for four years and has custody of 2 minor children, ages 10 and 15. I live in NH, and we had planned on her moving here with her kids this summer. She mentioned this to her ex-husband, who also lives in NY, and he said that he would allow her and the kids to move, providing that they don’t move beyond a 75-mile radius. He told her that that was a NY state law. Their divorce paper does not state that she has to ask for his permission, but is this a given anyway? The ex is involved in the children’s lives (usually gets the son every other weekend, but the daughter, who is ten is reluctant to go there), and he stated that he doesn’t have any problems with me, he is happy that I have been such a good influence on them. She wants to get the kids (and herself) out of Queens because she doesn’t think it’s a suitable environment for them. The kids were also excited to be moving from NY. I guess my question is, is there such a law prohibiting her from moving outside of a 75-mile radius, and what do we need to do next? Thank you very much for your time in this matter.

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Question #13

I am looking to get a divorce. My husband and I have been together since 1998 and married since 2002. We have a 15-month baby. What is the procedure on moving back to WA State where I am from with my baby? I moved here to live with my husband, and I have no family or friends to help me out with my son. I don’t think I can support my son and me living in NYC. Please let me know how this works. Thanks

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Question #14

I have been separated for over a year. My spouse has recently lost his job and hasn’t paid child support in 2 months and counting. I have recently started a full-time job but am continuing to have difficulties with the high rent in the town where we both live. I have been asked by my boyfriend to move in with him and his son. This would mean living a 1/2 hour drive away from the children’s father. I have no problem arranging drop off and pick-ups at his parents’ home, which is almost halfway between the two areas and keeping the same visitation schedule that we have currently had for the past year. My ex continues to tell me that there is no way he will let me take the kids out of their current school district. He has been their football coach for a couple of years, and he states that I will be taking away his children’s childhood if they don’t play for the same league. Should I be concerned regarding this? Can he keep me living in the same school district for the next 13 years until my daughter finishes school? We will be moving from a three-bedroom townhouse that I pay $1000/mth plus utilities to a four-bedroom home with a large lot of land, and I will pay much less than this…please help ease my mind

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Question #15

My ex and I have in our divorce agreement that if either of us moves more than 30 miles away from a mutual location, the visitation rights will be revisited. We have been alternating the pick-up and drop off evenly for four years. Recently I moved 23 miles from the mutual location, and she lives 26.5 miles from that shard point. Now she is demanding that I do both the pick-up and the drop off as well. In New York, is there any law that dictates which parent has to do pick-up and drop off? Or is the responsibility shared equally?

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Question #16

I have been divorced for 12 years my x husband, and I have both remarried, We both live in NYS. I have always had residential custody with the sharing of joint custody. Our two girls are now 13 and 16. Due to job circumstances, my X husband will be moving to the country of Mexico, My 13-year-old has been enticed by her father and stepmother and is now contemplating moving with them. I don’t have an issue with her moving in with them here but going to another unsafe I might add country is out of the question, Is there anything I can do to stop him I hear mixed views. What are the laws in New York, and do I have a leg to stand on to keep my child within an appropriate distance to see her often or stop it altogether?

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Question #17

I am the sole custodial parent of one child, age 11, and have resided in the same small apartment in NYC since before I was married. The non-custodial parent has been permitted only supervised visits for the past eight years. Also, of having no parental role in our child’s life, the non-custodial parent missed over 400 visits ( recently not having any contact with our child for two years straight), although resumed 1x weekly-90 minute supervised visits for the past four months. I was laid off a year and 1/2 ago, along with my new wife (lost her job five months ago), and have not found enough work in the metropolitan area to support our meager lifestyle. We are unable to support ourselves despite collecting unemployment, which will run out this coming fall. My job search expanded out of state in North Carolina, where I have some family, which has resulted in several legitimate opportunities for work in my field. Of course, I believe relocating to this area would be beneficial to our child with the obvious availability of less expensive housing (versus our apartment dwelling), schooling (after school activities currently not available in the city), to name a few. With the lack of relationship with the non-custodial parent, I am interested to know if the court would consider permitting this move so that I may begin to interview for these offers before losing my unemployment benefits? Also, the non-custodial parent owes over $80K in child support and child care, which has been a significant financial burden to my household.
Sincerely, NY parent

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Question #18

My husband and I were married in Massachusetts. He is from Virginia, and I am from Massachusetts. We have a four-year-old and four months old. I am a stay at home mother, and he travels approx 75% of the year and is hardly ever home. He has become emotionally abusive, and I am planning to get a divorce. We have been in NY for almost two years, and we own a home here- under my husband only. I would like to move ASAP back to MA. To go back to work as a single mother of 2, I need the help of family (we have no family in NY). Is this possible? What would I need to do?

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Question #19

I am married with children and living in New York State. Can my wife take my children out of state and not tell me where they are? Is she allowed to take them on trips if I am not comfortable with the destination and do not want them to go? I have been told that I have no rights in this matter. Is there a resource that can tell me what my rights as a father are? Thank you.

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