Legal Question in Family Law in New York

Me and my spouse are getting divorced im a uk citizen and he american. When it is over I will have to return to the uk. My question is will I have a problem when it.comes to taking my son with me? He was born while we were married but im the one who has raised him and im a very competent mother, I have a apartment and job lined up for when I.return to the uk, I have a clean record and refuse to leave my son behind, any help would be gratefull. Incase it.makes a difference our son is 2yr.

Asked on 6/20/13, 1:45 pm

1 Answer from Attorneys

Jordan Trager Wisselman, Harounian & Associates, P.C.

Yes it could definitely be a problem. If he is part of your son's life then your relocation to Great Britain would deprive him of that. You will need to settle this issue before you are divorced. The divorce papers will have to specify that you have fully custody, that you are taking your son with you to Great Britain with his consent, and should include whatever visitation is agreed to. If you cannot agree to this I would strongly urge you to get a lawyer familiar with relocation law.

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Answered on 6/20/13, 2:04 pm

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