Q: Live in NY moving to CT.
Relocation is less than the 50 miles that is in agreement.
Agreement states if more than 50 miles I need to notify in writing and
give him 90 days notice. My attorney told me all I needed to do was
notify him. I wrote him a letter telling him. I did this at the
beginning of June. He opposes the move. It is August and I have no
petition filed saying I can't move. School starts in CT on August 25th.
I am moving them less than the 50 miles. I have agreed to meet
spouse halfway for pickup. I am moving to be with my fiancé and because
the school district is much better than where the child currently
attends. The biggest reason is for the education for my child.
A: David's Answer: If you are positive the agreement
states 50 miles & does not otherwise prohibit a move out of state,
then you appear to be protected. That said, do you have sole or joint
custody? If you have joint custody, you'd have the further obligation
to not merely "notify" him of the move but ALSO have a meaningful (&
lengthy) communication regarding same. For a full assessment, schedule
a consult with a White Plains Family Law attorney.
-- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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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