Friday, February 20, 2015

Will I be able to move?

Q:  Right now I live in a small town where everyone knows my ex. We are going through a 3 year divorce. I want to move 20 miles away. My daughters school district would change. Also where I want to move is several minutes from my job and would cut back on my 40 minute during rush hour commute. Is it possible in NY to move 20 miles away. I have primary custody and we share legal custody. There is no moving clause in my custody agreement.

A:  David's Answer:  If there's no radius clause, then the issue will be the potential impact on your ex's visitation as well as involvement in the child's activities. Because you have joint custody (which is what I assume you mean by "legal custody"), you're required to have a meaningful discussion with your ex about your plans. Thus, have that discussion & take things from there. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (

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