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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

Attorney Answers 4

  1. 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?

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

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  3. 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.

  4. 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

    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