Question #20

Hi, my husband and I have been married for ten years in New York state. About eight years ago, my stepdaughter’s mother dropped my stepdaughter off for visitation and never returned. We tried to force her to be active in her life by taking her to court. She asked the judge if she could give up her rights, and he denied it. Child support has been deducting money directly out of her paycheck, but she still has not made any contact with her other than that. In the custody papers, it says joint custody with my husband as her primary caretaker. We have an excellent opportunity to move to Kentucky for my husband’s job transfer. My stepdaughter is now 16 years old and wants to go with us. If her mother does find out, can she take legal action? She has had no contact in 8 years. Can a 16-year old make that decision? We don’t want to go to court and open a can of worms and have her fight it, just for the sake of giving us a hard time. Thanks for your time

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Question #21

I have been divorced for about one year, and we have one son. We share 50:50 visitation primary residence at my home. In our memorandum of understanding (2008), it states we will keep our son in the current school district in our town of Springville, NY.unless discussed and agreed otherwise. My current place of employment requires me to drive 30 minutes to work and 45 minutes in the winter. I want to move out of the school district, but I am concerned my son’s father will disagree 100%. Our son has special needs and has an Individual Education Plan and receives resource room help during his school day. Other than that, he functions quite well. He does struggle academically, and I am concerned his father will argue this move will disrupt his life. I have no intention of denying his father access to his son, and I was wondering what the law allows me to do in this matter

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Question #22

My divorce agreement dictates with a mileage restriction that I cannot move out of Long Island. I have been unable to find a job for 11 months. We have had to move three times in 8 months. I have a job offer in NJ. It is only 80 miles from home, and I would be amenable to sharing travel responsibilities. I am very worried about our future if I do not accept this position, and considering it is not much farther than the agreement, and my ex has a neglect charge in the past, would a judge allow me to move my son if my ex takes me to court?

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Question #23

My ex and I have two children that we share joint custody. We both live in the same apartment complex, and I see my children daily. I am the parent who is primary in my children’s education ( keeping up on homework and involved 100%) My The kids have been in the school district for their entire education so far, and now my ex wants to move because she ” wants to move away from me”…My children are upset and do not want to move. What can I do? I have been a substantial role model in their lives since birth and don’t know how I can be away from them.

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Question #24

My girlfriend lives in Staten Island with her two children, ages 7 and 8. She would like to move in with me in NJ, approximately 30-35 miles from where she currently resides. Her divorce states that she can move up to 50 miles away. Her ex-husband, who takes the children every other weekend and every Wednesday, inconsistently at best, vows to make our lives miserable. Can he prevent her from moving 35 miles away? Additionally, how can she log the missed visits with their father that is allowable by the courts? She is not looking to stop the visitation, just document when they don’t take place. Thanks

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Question #26

Do I need ex’s consent to move to a new school district, but stay in-state?

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Question #27

I live in N Y and have recently filed for divorce two weeks ago, and today I find out my spouse has booked a trip to Italy with the kids in July for what he called a two-week vacation, just him and the kids. He told me in front of the kids tonight. I felt it was some sort of power move on his part, but is he allowed to take kids out of the country before divorce is finalized. Is there an automatic stay order in NY.

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Question #28

I have a three and a half-year-old daughter. Due to her mother being married (although trying to get a divorce. her husband disappeared on her) when our daughter was born, I was not put on the birth certificate. Now that she is divorced, we were able to put my name on the birth certificate as the father of our daughter. We are now going to court for joint custody in May. The mother and I are no longer together but have had a great relationship when it comes to our daughter. We have split the time, so she lives with both of us weekly (March 2013 – April 2014 4days with mom and 3 with me. April 2014 to present four days with me and 3 with mom) The problem is that she wants to move to California to live with her boyfriend. I am not okay with my daughter moving with her. Can she just move against my wishes? Can I stop her from moving?

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Question #29

I share joint custody, both physical and legal, with my ex for our six-year-old son. I currently live in NYC and would like to move to another state. Our court order dictates that we can move 20 miles from each other. The new home I have considered is 15 miles from my son’s dad. Nothing will change. My son will stay in the same school. I will drive him to and from school and will offer to help any pick-ups/ or drop-offs to my ex. Can I still move without fearing I am breaking the court order? The order only states the 20 miles distance and not indicating any location. Thank you

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Question #300

I filed for divorce and full custody in February 2014. It is now October 2014. My husband and I have been separated since 2007. I hardly see him because he lives in Harrisburg, PA, for 6yrs. He has a new family, and he says he doesn’t work; that’s why he cannot provide for our nine-year-old son. I have a part-time job in New York, and I want to move to another state because I found a better career opportunity guaranteed to me in San Francisco. I also have family who I can live within San Francisco. I don’t know my husband’s address in PA, he refuses to give it to me, and I want to move for a better opportunity for my son, and I too grow. Will I be able to leave the state?

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