Divorced with moving restrictions....?

I'm an attorney, but not in NY. I have handled cases where the custodial parent wishes to move, however. Both the fact that he has not exercised his visitation rights and that he is not current in his child support weigh in your favor. although child support and visitation are two separate issues. If you can show a judge the move would beneift your children, you chances are good because of his lack of visitation. Financial benefits to the children through increased income is significant because he is behind in his support. Where you want to move to would be an important issue. The age of the children work to your advantage. Very young children need to see both parents more frequently because their memories are not fully developed. You have nothing to lose by filing this Motion to Modify except the attorney fees. You don't even know if he will mount an effective defense. Despite the expense, you should consult an attorney. Who is the judge? What is the judge's "track-record" on this types of Motions? You need a local attorney to really assess your chances of success. You would have an excellent chance in my state, but NY divorce laws are strange. NY is one of the only states that does not recognize "no-fault" divorces.

You need to talk to an attorney and social services.

Seriously, do you expect a good answer from strangers who spend their time hanging out on the internet?

I would have probably gotten custody of my children if the Jedi had not hidden them from me.

I would talk to an attorney and have them file paperwork and get the court's approval now..that way nothing is holding you back when the time comes. Since your ex does not live in California anymore then they probably will grant your request. I think the only reason why you couldn't move out of San Diego County was because he had visitation 3 out of 4 weekends and was living there but since that is not the case anymore then you shouldn't have a problem. Good Luck!

You have a 75 mile radius. Lets do a little math.

A = Pi* R^2. 3.14 x 75 x 75 = 17,622.5 square miles.

That is a pretty big territory to be able to move around in. That is almost 40% of the area of New York state. How exactly can you not find a job within that area?

Read your divorce decree CAREFULLY. All you have to do is comply with what it specifically says. And it may not say you have to stay in New York State.

Lets assume you are close to a border with another state. If the limit is 75 miles, with no comment about you having to stay in New York state, you can move into the neighboring state and still comply with the 75 mile order.

You could even move into Canada if you are close enough.

Remember, comply with the divorce decree. I doubt it says you have to stay in NY State.

You have apparently gone through this proceducre with some

kind of legal advice,, would certainly follow that approach again. This is purely dependent on the family court judge you

are in front of. Take your medical evidence, your financial documentation,, and with No And I do Mean NO emotion, go into a hearing with straight up dollors and sense facts. With

the intent leaning for the betterment of your children and yourself... I see No reason why you shouldn't be able to get

a sympathetic ear,

Good luck.

You will have a tough fight ahead of you. Many women have tried moving away from dad because of stress or financial reasons and have not been successful because it would seriously impair the visitation or custody rights of the father. If you can offer to the court that you are willing to pay for your ex to visit the kids then they might be more willing, which in your current financial circumstances seems a little ridiculous. I would give your current situation another year or two...keep documentation about how much dad isn't around and you might have a better chance. If your doc thinks you are stressed out...maybe you need to get into counseling...which can also be used for reasons to move...keep records of everything...a doctor's recommendation is NOT enough...get records of medication if you take it...counseling if you are going and time that your ex skips seeing his children...if you have a LONG history of this (and I mean at least a year of this) then you might have something to take back to court. Also, being behind in child support will have NO effect on whether you can move out of NY...so you can bring it up but it is not going to sway the judge's decision. Visitation and support are two separate issues. Good luck.