Legal Question in Family Law in New York

Divorce stipulation agreement

both parents have joint custody of 11 year old son. Mother is custodial. She lives in manhattan in my apt. Divorce agreement specifies that she can not relocate with my son in 30 mile radius. She emailed me telling me at the end of son's school year she will relocate to maryland. Claims its getting to expensive to live in ny and possible layoffs of job. Wants son to grow up in a suburban environment.If she went to court to request this move because i'm certainly against this and i believe my son wants to stay in new york due to his school he likes ,also participates on 3 different basketball teams, he is very involved in the community. I'm a very dedicated father and have a very strong bond. Would my stipulation of agreement hold up in court or can the judge overule this. And allow her to relocate.


Asked on 11/29/03, 4:59 pm

4 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Divorce stipulation agreement

This is a difficult situation. However, you are in a good position. You have the 'stipulation' and you have paid your support and been active in your son's life.

While it is very likely that she will not be able to move to MD, this is not 100%. Her needs are evaluated as well as your own and she can put together a case. The key factor to look for, in my mind, is whether she has family in MD. Family is a mother, father, siblings and not a mere 'cousin'. In the absence of such family members in the new residence, you are in a good position. But DO NOT TAKE ANYTHING FOR GRANNTED. Nothing is 100%. Take this seriously.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

Read more
Answered on 12/01/03, 5:20 pm
Albert Van-Lare The Law Office of Albert Van-Lare

Re: Divorce stipulation agreement

IN NY the court is required to consider the best interest of the child.You have a real strong case here.She cannot relocate to a place where your visitation rights will be seriously impaired.It does not matter that she has a problem with her job.You can petition for physical custody and she can go to Maryland or Texas or whatever place she is comfortable. You have not said anything that convinces me your agreement can be override

Read more
Answered on 11/30/03, 12:49 am
Seth Kaufman Seth M. Kaufman

Re: Divorce stipulation agreement

I need to see the agreement and other information to properly assess the situation. Such agreements are generally enforced, but the child's "best interest" is an amorphous concept that introduces uncertainty into every case. The details you provide make for a strong argument to deny the move. Feel free to call me at 212-367-9167 to discsuss this further.

Read more
Answered on 11/30/03, 12:50 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Divorce stipulation agreement

The Stipulation and the situation you describe, re the life (with you, school and friends) established for your child in NY, are all very favorable to your case.

However, the Court can consider circumstances surrounding the Divorce Stipulation; Child Support you are paying; the mother's possible employment "necessity" for the move; her "plan" for maintaining your contact and relationship with your child; as well as other facts; in deciding what is in your child's "best interests," respecting the proposed move; and enforcement of the divorce stip.

So, notwithstanding your existing Divorce Stip, you should have an attorney. The process can be complicated and there are pitfalls.

GOOD LUCK.

PHROSKA L. McALISTER

Read more
Answered on 12/01/03, 10:36 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York