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Ex-Wife Seeks to Relocate Children to Different State


On this proceeding, a husband filed an appeal from an order of the court upon a motion by the wife for permission to relocate with the child to the State of Virginia and his motion to enjoin her relocation and to change custody, however, denied his application for an in-camera interview between the court and the child. A New York Family Lawyer said the man also appealed from the orders of the same court which denied his motion to enjoin the former wife from relocating with the child and for the transfer of child custody to him. He also appealed for the granted motion of the court for his wife for permission to relocate and the awarded custody of the child to the mother and from the awarded counsel fees and expenses to the wife.

The parties were married and filed for their divorced. They had one son and their separation agreement provided for joint custody with each having physical custody of the child during alternating weeks, until the child’s fifth birthday or until he enters kindergarten. Thereafter and for the next three years, the mother was to have weekday custody of the child during the school year and the father was to have custody every weekend. A Nassau County Family Lawyer said that after the child’s eighth birthday or when he entered the third grade, the custody arrangement would be reversed in which the father would have weekday custody during the school year and the mother having custody on the weekends. During the summers, the parent with weekday custody would have custody on the weekends and vice versa.

Moreover, the separation agreement also provided that in the event that such a move becomes necessary, either parent shall have the absolute right to relocate out of New York State to another geographical area, including, but not limited to Boston or Washington, so long as the new residence of that parent is within a one hour direct flight time to or from New York, exclusive of ground travel, plus one hour of ground travel to or from each airport and the residence of each parent, without causing a modification of the custody provisions.

Apparently, the mother married a dentist with an established practice in Virginia. Prior to the child’s fifth birthday, the mother applied to the Supreme Court for authorization to relocate the child to Virginia. However the father, in a separate motion, sought to enjoin the mother from moving or to transfer child custody to him. A Nassau County Child Support Lawyer said during the pendency of their applications, the parties agreed that the child would reside with his mother in Virginia during the week and visit with the father on the weekends. Consequently, the mother moved to Virginia.

After a lengthy hearing, the Supreme Court found that the joint custody arrangement in the parties’ separation agreement was not the child’s best interests and granted the mother a sole custody with liberal visitation to the father.

Based on records, it is the general policy of the State that a move by the custodial parent to a distant residence will not be permitted when it would effectively deprive the noncustodial parent of regular access to the child of the marriage. The predominant concern is the child’s best interests, although the resolution of such argument also entails a careful balancing of both the rights and problems of the child and his parents. The court then approach matters of this nature on a case-by-case basis. Moreover, the appellate court has emphasized that the decision of the trial court, which has evaluated the evidence firsthand, was to be accorded with the greatest respect and will not be easily disturbed. As a result, the appellate division ordered that the orders from the trial court are affirmed with one bill of costs.

Because of our differences and unique point of view, arguments arise and it can happen even inside our home or even between parents. If you and your wife decided to end up your marriage, or you need an Order for Protection, you can seek the help with of the Nassau Divorce Lawyer. Somehow, if you need guidance about custody or child visitation, inquire with the Nassau Child Custody Lawyers or Nassau Visitation Attorneys at Stephen Bilkis and Associates.

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