Can my ex-wife move out of state with my son???

Question

My ex-wife used to live on staten island, ny when we were married.
After we got divorced, she moved back in with her parents in brooklyn, ny.

With her new bf (and now 2nd husband), she then moved to Edison NJ and now Freehold, NJ.

I still live on staten island, ny and do not drive, and freehold nj is ALOT farther than edison, nj.

As my divorce decree did not address this situation, can I legally DO something about this???

Can I force her to move back to New York City, or at least, can the courts address this problem, and do i stand a chance to win??


Any help / advice would be real helpful.....

Answer 1

I am assuming that you have joint custody with your ex having primary residence?

Did she give you 30 days advance notice of her intent to relocate? Most Child Custody Decrees will ask that you put in writing to the Court and to the other party notice of relocating. Check your order. She may be in violation and subject to a Show Cause order. Check with your lawyer to find out what to do. You will also have to prove that the distance is preventing you from seeing your son on the regularly scheduled visitation days.

Good luck to you!

Answer 2

I don't know about the laws in NY but I know that where I live my ex husband can't even take my daugther out of state without my approval and vice versa and i have full custody of her. I think that going back to court or even getting a lawyer to talk to about your rights is a good idea. Good luck with this.. it's not cool having your children live far away and I personally don't think it's fair.

Answer 3

I believe legally she has to tell you where she is, other than that I'm not sure you can do anything about it. She only breaks the law if she moves and doesn't tell you where. She also can't legally take him out of the country w/o ur consent. I'd call an atorney and ask what your rights are. Possibly set up alternative ways to travel, bus, something like that. See if she is willing to drive him.

Answer 4

I don't believe she could move the children Out-of-State without your permission; You DO need to address this to the Courts; maybe you could get them for the Summer months when school is out; not sure, but the Courts would be.

Answer 5

if it has not been addressed in the court order...then you are out of luck. sorry.

however....if she has been living there for less then 6 months then a really good (expensive) attorney might be able to bring her back.

but keep in mind that since you did not do something when she first moved doesn't help you much. and she's married, the courts will not interfere in a marriage to make her move back. especially since her finances are reliant upon his.

Answer 6

wife move state son

Answer 7

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Answer 8

Call your lawyer and find out what your chances are. If you don't have the stipulation in the custody papers you may not have a choice in the matter. I hope you will fight for your rights. Your children need you in their life.

Answer 9

if it doesn't restrict her in the divorce she can go anywhere she wants to. Also if you are visiting parent, you will have to pay for transprtation back and forth.
You can get an injunction against her before she moves. That can be done.

Answer 10

it's hard to say. i'd contact an attorney since this wasn't addressed in the divorce. i would think she needs your permission to move him out of state but i'm unsure of new york law.