My husbands X Wife wants to move from NY to CT with their 8 year old son. She is the custodial parent. Current child visitation is court ordered through the family court of Orange County, NY.

She has already made one unilateral move to Brooklyn a little over a year ago. That move happened while they were in family court working on the visitation schedule. She moved without telling my husband and he had to get her address from the courts. My husband did finally agree to this move and in the visitation papers it states that she must get his permission or the courts permission if she moves out of "Kings County".

My husband does not want another move for his son since he is doing extremely well in school. His son does not want to move again.

If she moves to CT we are told that my husband will lose jurisdiction. What does that exactly mean? The only thing we have been told is that he would not be able to have his attorney subpoena his teachers if needed.

She petitioned supreme court for the move but they denied it saying she had to go to family court and we know she will be filing papers soon.

This is a women who unfortunately tries to do everything to alienate my husband from his son. He filed for visitation since she would deny it and he went from seeing his son less than 10 hours a week (which was all she would allow when she wasn't angry) to now seeing him over 90 days a year including overnight stays and 1/2 the summer. We have to keep extensive records because of her lies and are afraid of what rights he will lose if she moves to CT and appreciate any information you can provide.

Thank you

Just refuse to allow her to move, he needs an attorney and motion the court that if she moves he gets custody of the child.

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Originally Posted by Fr_Chuck

just refuse to allow her to move, he needs an attorney and motion the court that if she moves he gets custody of the child.

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She tried to move to CT 2 years ago and my husband refused and his attorney sent a letter to her attorney and the courts and that stopped her.

She then moved to Brooklyn without saying anything in the middle of the night a few days later. This happened when he was in family court dealing with the visitation.

My husband tried to fight it but the courts said she has already moved and school was starting in a few days and her intentions were to move to Brooklyn once the home they owned together sold. They own a home that she has exclusive use of in upstate NY until sold which was 17 miles from my husbands apartment. She just walked from the home which is still for sale and she is responsible for the upkeep.

My husband wants to move closer to the city because now it's a 75 mile trip that can take more than 3 hours each way due to traffic. We're afraid to move because if she gets the courts permission she is going North and it will be even further.

What reasons can she come up with that will allow this move? What can we do to make sure it doesn't happen?

Thank you

My husband does have an attorney but he is as useless as a wet noodle. We are currently seeking a new attorney and just trying to get as much information as we can. Thank you

Your husband has an attorney, why isn't he asking these questions? Also, if you live in upstate NY, depending on where you live and where in CT they move to, it may be closer.

But you state she is under court order to not move out of Kings County. Therefor she has to get the court's permission to move. If she pulls a disapearring act again, she can be forced to move back or lose custody.

Who told you he would lose juridiction? Your husband doesn't have jurisdiction, the court's do. If she is allowed to move (which I consider unlikely) it will mean that jurisdiction may be moved to a CT court bit that would only affect where your husband has to go if further court action is needed.

Even if she moves he still retains jurisdiction so long as he doesn't move. Its called the UCCJEA. And it must be followed by the courts.
Uniform Child Custody Jurisdiction Enforcement Act.

Who ever told you different didn't know what they were talking about. What is her reason for the move ? Because he has a lot of visitation at the moment and I don't see a court forcing a change unless there are circumstances beyond her control. Like if she was in the military and she is being posted there.. she has no choice.

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Originally Posted by ScottGem

Who told you he would lose juridiction? Your husband doesn't have jurisdiction, the court's do. If she is allowed to move (which I consider unlikely) it will mean that jurisdiction may be moved to a CT court bit that would only affect where your husband has to go if further court action is needed.

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I hate to disagree here but in a case like this the UCCJEA applies and so long as he doesn't move it remains with him and the original court it was in.

Ref:
http://www.law.upenn.edu/bll/archive...s/uccjea97.htm

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Originally Posted by califdadof3

I hate to disagree here but in a case like this the UCCJEA applies and so long as he doesnt move it remains with him and the original court it was in.

Ref:
http://www.law.upenn.edu/bll/archive...s/uccjea97.htm

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I'm not sure we really disagree. My point was that jurisdiction refers to what court has control over the case, not to a parent. If jurisdiction is currently in Orange County and the father remains in Orange County, then the Orange County court retains jurisdiction. However, if the father moves out of Orange County, which is likely if he plans on moving closer to the city, then its possible that jurisdiction may be switched to a CT court (if the mother is allowed to move, that's why I said MAY) . But if jurisdiction is moved, all that means is that the father will have to go to a different court to enforce his visitation. The FATHER will not lose jurisdiction since he doesn't have juridiction, the COURT has jurisdiction.

My husbands attorney is the one who told him he would lose jurisdiction 2 years ago when she tried to move to CT. Maybe we misunderstood him. We did not discuss it much further because the move was stopped.

The attorney did mention that it would not be in his best interest to allow her to move to CT because it was a different jurisdiction. Now I'm trying to understand what exactly would change if she does move.

As far as speaking with his attorney now about this, we are cutting our losses with him and finishing up what is before the courts now (she sued him for 1/2 the house costs and was denied because it clearly states in their divorce she is to pay all house costs until sold). I just wanted to do a bit of research about it myself prior to interviewing attorneys.

She already told us she was going to file we just don't know when. Their home was suppose to close 3 weeks ago but it fell through and we know she wants to present to the court a solid plan of purchasing a town house in a good area with good schools.

Yes the move to CT would be about the same distance to our apartment in NY as it is from Brooklyn but we want to move more south. My husband moved to his apartment to be close to his son and has no desire to stay in the area anymore. We would like to move closer to the city and the jersey shore where my parents live. My father recently underwent major heart surgery and my mother is losing her sight so we would like to be closer to them to help.

When my husband and I got married 2 years ago, I was living in FL. I own a home. She says that he now lives in FL so she should be able to move where she wants. Not true. He is a NY State resident, retired FDNY and has had the same apartment since his divorce. We do travel back and forth but we do not miss any visitation.

Thanks

As Califdad said, unless he moves from where the original divorce, custody/support/visitation was adjudicated jurisdiction will remain with that court. However, if you do move out of OC, then it possible that the jurisdiction will change. Now I don't know the differences between OC courts and CT courts. His attorney may be familiar with those differences and may feel that CT courts will lean more towards the mother. Or that CT may have different laws. So it could be a disadvantage to let jurisdiction change. Which also means you can't move until this is resolved.

But my point was that jurisdiction is invested in the court, not a person.

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Originally Posted by ScottGem

I'm not sure we really disagree. My point was that jurisdiction refers to what court has control over the case, not to a parent. If jurisdiction is currently in Orange County and the father remains in Orange County, then the Orange County court retains jurisdiction. However, if the father moves out of Orange County, which is likely if he plans on moving closer to the city, then its possible that jurisdiction may be switched to a CT court (if the mother is allowed to move, that's why I said MAY) . But if jurisdiction is moved, all that means is that the father will have to go to a different court to enforce his visitation. The FATHER will not lose jurisdiction since he doesn't have juridiction, the COURT has jurisdiction.

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Thank you, I understand it much better now.

Would there be any benefit to keeping it in Orange County? What would be different if it were to move to CT?

Thanks to all who are responding, I really appreciate it.

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Originally Posted by ScottGem

As Califdad said, unless he moves from where the original divorce, custody/support/visitation was adjudicated jurisdiction will remain with that court. However, if you do move out of OC, then it possible that the jurisdiction will change. Now I don't know the differences between OC courts and CT courts. His attorney may be familiar with those differences and may feel that CT courts will lean more towards the mother. Or that CT may have different laws. So it could be a disadvantage to let jurisdiction change. Which also means you can't move until this is resolved.

But my point was that jurisdiction is invested in the court, not a person.

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Thank you so much. At least now I have some clear questions to ask a new attorney.

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Originally Posted by ScottGem

I'm not sure we really disagree. My point was that jurisdiction refers to what court has control over the case, not to a parent. If jurisdiction is currently in Orange County and the father remains in Orange County, then the Orange County court retains jurisdiction. However, if the father moves out of Orange County, which is likely if he plans on moving closer to the city, then its possible that jurisdiction may be switched to a CT court (if the mother is allowed to move, that's why I said MAY) . But if jurisdiction is moved, all that means is that the father will have to go to a different court to enforce his visitation. The FATHER will not lose jurisdiction since he doesn't have juridiction, the COURT has jurisdiction.

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Maybe I jumped the gun in disagreeing. But in a sense its tied directly to a person and it runs through the court system. It was put in place to provide relief for the non moveaway parent and also to keep some sanity in the system and prevent fighting between states.
If I misquoted Im sorry.

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Originally Posted by lisalp

Thank you, I understand it much better now.

Would there be any benefit to keeping it in Orange County? What would be different if it were to move to CT?

Thanks to all who are responding, I really appreciate it.

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The main difference is that as far as custody is concerned she can't try to keep going back to court to change things and your husband have to drive hundreds of miles to defend his position.

As califdad said, as long as it's kept in OC, then she can't go running into court and your husband doesn't have to drive a long way to attend court.

There may be other advantages depending on the difference in state laws and court biases. The OC court knows the situation, knows that she ran away with the child, etc. So you may get a better deal with OC courts.