I am 4 months pregnant. My fiance has been dealing with child custody and settlement for 4.5 years. Despite equal custody he is paying full support plus alimony.His ex-wife's attorney is not providing the divorce decree and has asked for extension. I am trying to determine if I should hold off moving in with him and his son (8 yrs) in 2 months (I'll be 6 months preg at that time) and instead just moving into an apartment and waiting until his situation is finalized. My family is concerned with me being alone and advised I should ask for legal advice as to whether my moving in with my fiance could cause his ex-wife to delay more. I make more money than my fiance so I won't add financial burden. His son and I have a wonderful relationship. I am just concerned that his ex will retaliate.
It depends on the stage of his case. If the settlement agreement hasn't been signed yet, and custody is still being contested, then I would certainly consult your fiancé's attorney before making a decision. If the settlement agreement's been signed, then consult the agreement - if it doesn't prohibit such actions (probably not) then I don't see the harm in moving in. That said, your fiancée is best advise to notify the mother of the move-in - it's a goof faith gesture. For a full assessment, schedule a consultation with a NYC Divorce lawyer.
* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.
Speak with your fiancé and his lawyer about his case strategy. Hard to advise without knowing all the reasons for the delay.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
Without knowing where things stand in the process and without knowing the personalities involved it's hard to be precise. But from a legal standpoint there is no harm in taking either position.
Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.