Q: My ex-husband and I are recently divorced and the divorce decree states that I cannot move more than 30 miles away. I have been a stay at home mom for almost the entire length of the marriage (7 years) and our children are ages 7 and 3. I'm having trouble finding work, and I have no support or resources here in New York. I want to move back to Kentucky where both my parents and my ex's reside. How do I petition the court in order to do so, and what is the best way to make my case?
A: David Bliven's Answer: General court forms may be found at the Clerk's office or on the NYS Court System's website (http://www.courts.state.ny.us/litigants/forms.shtml). That said, a relocation proceeding is a difficult one to present. If part of your reason for relocating is difficulty in finding work, then I highly advise to start keeping documentary proof of your job search (example: print-outs of submissions on Monster.com) as you may ultimately need to prove your "diligent" job search at trial.
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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