Legal Question in Family Law in New York
Modification of divorce stipulation
my divorce stipulation clearly states that she can not relocate my son out of a 30 mile radius from columbus circle in new york.We both agreed on this.
She wants to hire a lawyer now to modify this request. She is looking to want to relocate out of state with my son.
This is not a career change from her job, and her entire family lives in li.
Can the courts oblige her request for the change of modification of the 30 mile radius.
We both have joint custody she is physical custody.
Please advise. Divorce was finalized nys 2001
2 Answers from Attorneys
Re: Modification of divorce stipulation
The leading case on the subject of re-location states that in order to re-locate, the parent seeking to move must show that the move is in the best interests of the child. The best interests of the child is fact intensive.
Let me know if I can be of help.
Daniel Clement
Re: Modification of divorce stipulation
Hello,
Thank you for your recent inquiry. Based upon the information contained in your recent e-mail, my advice is this: if your former wife starts a legal proceeding for permission to relocate with your child out of state, she would have to prove the relocation is in your child's best interests. However, if you and your child have a strong bond and visit often, it will be extremely difficult for your ex-wife to prevail. In order to give you more specific advice that applies to your case, I would have to review your Divorce Judgment and settlement agreement as well as other details that apply to your case. There is precedent case law from the NY Court of Appeals that deals with the relocation issues. Please contact me if you need further assistance.
Best Regards,
Ingrid Gherman, Esq.
212-431-9076
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