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What are the chances for my 3 children not to leave me? NY to Boston?

Elmont, NY |

My marriage has been going through though times ever since... we got married.
With up and downs we had 3 lovely children: fraternal twins (16 months) + 1 new born (1 month old).
I've been supporting the family 100% for a little over 2 years already. About 2 month ago my wife has refused to take my money for food (because she wanted more money for her, out of my budget) however I had opened bank accounts for the babies and have been depositing into them every week, at least for the first 2 b/c the new born doesn't have a social security yet. Besides this, I've been paying all bills, including rent, cable, electric, medical copays, filled up her gas tank twice. Also I see my children every day except Fridays (soccer game after work), every day including weekends + holidays. Avg. 4 hrs/day

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Attorney answers 4

Posted

I am not sure what your question is. Are you asking whether you can get custody? Or whether she can move to Boston with the children?

Asker

Posted

Mother wants to take the children to Boston. She has family members over there.

Gary Burton Port

Gary Burton Port

Posted

Ok, you need to get to the Divorce court, not let her pick family court. The make up of the judges favor you in Divorce court. In family court while there are some really good judges, 2 are so pro mother that is not even a contest. I like the make up of the Nassau divorce court bench right now. You need to start the divorce action and make a motion to prevent her from leaving Nassau with the children. She cannot just up and move, but you want a court order. She has to prove that the move is in the best interests of the children and not hers. If you are that active in their lives, she will have a problem. This type of motion is done with a lawyer, you really can't do this by yourself. You want to act first. If she moves and you have done nothing, then you have 6 months to bring an action in NY, otherwise all the child issues will be in Boston. I have several articles on my website regarding this relocation process and they should help you understand the rules and process. But, the bottom line is you need to consult with a lawyer and take the initiative. You can check out the AVVO site or you can call the Nassau Bar for a free referral. The rule for the Bar is the consultation fee is limited to $50 for half an hour

Asker

Posted

He has gone ahead already. Court date is Sept. 16th. In Mineola, NY.

Gary Burton Port

Gary Burton Port

Posted

Who's the judge?

Asker

Posted

Sorry meant to say She* Judge is Hope Shwartz Zimmerman

Gary Burton Port

Gary Burton Port

Posted

I love Hope. She's the head of the Divorce court, and she's very level headed. She's been around for years. She was Judge Stack's law secretary, later head of the Family Court. She was brought over to head the Divorce court when Judge Ross died a few years back. I'm actually going to be in front of her on the 19th, and am attending a bar meeting on the 11th where she is the featured speaker. I like that she has vast experience and doesn't prejudge cases

Asker

Posted

Mr. Port, I have sent you an email. Look forward to hearing from you. Thanks

Gary Burton Port

Gary Burton Port

Posted

Haven't gotten it yet.

Posted

Sounds like a custody question. You should post it under Child Custody for more responses.

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Posted

If you and your wife have split up and she is threatening to move to Boston, you should immediately go to the Nassau Family Court located at 1200 Old Country Road in Mineola and file a visitation petition. When you get a visitation order (temporary or final) make sure that the court includes the provision that mother is not to relocate out of the jurisdiction without getting permission from the court. Although that is the implicit rule anyway, you want the order to explicitly include that term. Good luck with everything.

Posted

You do not mention whether the two of you are still living together or are separated. I assume you are separated based on the schedule. If you are no longer living together you should start a custody case in Nassau family Court. Even if you do not win custody you will get a visitation schedule and you can seek an order forbidding her from leaving the vicinity with the children.
Howard E. Knispel, Esq.
Commack, NY
631-864-7589

The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589

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