Legal Question in Family Law in New York

Moving to another state.

I am divorced and have three children. According to the divorce decree, I have visitation, and Oklahoma is their ''home state''. My ex-spouse has four other children by another man who were all born before we were divorced. Back in October of last year it was brought to her attention that her oldest daughter of her and her ex-boyfriend's was being molested. Long story short, she had knowledge that she knew what was going on, but did nothing, which resulted in her and he being arrested.

I'm supposed to go to court in April to obtain legal guardianship over his four children, however, my three children's custody has to be modified to show that I have custody of them. My question is: Since she is currently in jail, can I legally move to New York (the kids have family there that have offered to help me with them while I try to work a job) and then seek to modify the custody without having to go throught the process here?


Asked on 3/30/04, 9:19 pm

2 Answers from Attorneys
Herb Southern The Southern Law Firm

Re: Moving to another state.

Depends on how long she is going to be in jail. The kids have to be there for 6 months before the home state changes. In the mean time if she gets out and fights, she might win. "Strike while the iron is hot!"

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Answered on 3/30/04, 10:37 pm
Michael Markowitz Michael A. Markowitz, PC

Re: Moving to another state.

Pursuant to your fact pattern, jurisdiction is in OK. However, since the custodial parent is incarcerated, I don't think the process will be long or difficult. I would consult with an OK attorney.

Mike.

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Answered on 3/31/04, 8:15 am


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