QUESTION
What Can I do if my ex husband moved outside of the relocation zone on the divorce agreement?
Asked on Dec 15th, 2017 on Child Custody - New York
More details to this question:
My ex told me he would be canceling Wednesday’s due to a new job in September. He said he would give me a schedule of make up days. Then he moved outside the relocation zone in our divorce agreement. I knew he was moving but he wouldn’t tell me where. I found his new address on a medical bill for our daughter and looked up to see how far it was. He moved to be closer to work and is now not doing his Wednesday’s with our daughter. He is also picking her up late on his Fridays with her and bringing her home early sundays. Is he even allowed to have moved?
1 ANSWER
NA smsattorney@gmail.com
If the court order specifically states that he is not supposed to move beyond x amount of distance without consent from all parties involved or from the court, he will be considered to be in contempt. However, since like you said that his move is closer to his workplace, he probably can get away with it, since he needs to be able to make money in order to support himself and family. The judge might look at this move as a positive move and you should as well. The other part of this move is the timing of the pickup/drop off or visitation, doing Wednesdays, as parents you both should be able to communicate for the best interest of the child and try to work things out. Come to an arrangement where it is convenient for both of you. If you guys can not sort it out on your own, you might want to consider doing a modification order in court.
Ahsan A. Syed, PSC answers and comments to questions are for general purposes only and does not establish an attorney-client relationship without a signed retainer. Feel free to contact an attorney for a free consultation.
Answered on Dec 19th, 2017 at 6:59 AM