Whether you will be permitted to move to NJ with your child after your divorce is final depends on whether your spouse will consent to you moving with the child or whether the court will grant permission for you to move. When your child is 18 years old, you will not need consent to move, since custody orders terminate when the child is 18 years old, even though child support orders terminate at the age of 21.
You certainly may move. You may be able to relocate with your 17 year old son, but that will depend, in part, upon whether your son wants to move with you and whether his father agrees. In either event, I suggest you arrange for a consultation with an attorney as soon as possible because there are many, many issues to consider when contemplating the dissolution of a 27-year long marriage. You want to be sure that you have all the help and information you need to fully protect your rights. Good luck!
Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: firstname.lastname@example.org. All of Ms. Brownâ€™s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
Relocation is an issue that comes up in custody determinations. The first question to determine is who will your 17 year old live with. A 17 year old is given a significant level of decision making on that issue. However, that does not mean that you will definitely be given the right to move to NJ.
If your spouse fights relocation, you can consider waiting until your child turns 18. At that age, a NY Court will not make a custody decision and your spouse would have a very limited ability to block your relocation.
Speak with a local matrimonial attorney about this issue. A local attorney can advise you how your local judges handle this issue.
It should not be a problem if there are no custody or visitation disputes. You should consider consulting with a matrimonial attorney to make sure you receive everything you are entitled to from the marriage. Good luck.
I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: email@example.com. This answer is only for informational purposes and is not meant as legal advice.
Assuming you get custody, relocation with a child is always a factor in a divorce action. It will depend on the child's best interests, meaning what plans you have for the child's schooling as well as access to the father. It will depend on how far you will be moving and how it impacts on the father's visitation. I suggest you discuss the issue with your attorney and if you do not have an attorney, then you should consult with a family law practitioner. I can be reached at 718-627-7900 to set up a consultation.