QUESTION
Im in the military and my wifes ex husband is trying to protest us tranfering units from NY to TN.
Asked on Nov 23rd, 2013 on Child Custody - New York
More details to this question:
My wife has custody of her two children from a previous marriage with nothing in her divorce about not being able to move and also no set visitation. Only with her consent . Also it was ruled by the court that her ex abandoned his family. We informed him last year this move was going to happen now two months before our big move he keeps texting her and asking for letter of intent. We feel he is going to challenge us at this point. By law is there something we need to do or get to make this a smooth move?
1 ANSWER
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Your wife must go to the family court (or back to the court that granted her divorce) and file a motion to relocate. She should do this ASAP. He can stop the move or demand a change of custody. She should file before he files something first. After the move, he could file and demand her immediate return or transfer of custody - which can be extremely expensive and problematic. Do not take a "wait and see" approach. Talk to a lawyer near you who handles family court cases right away. Good luck.
Answered on Dec 01st, 2013 at 4:02 PM