Q: Married in Boca Raton, FL. We lived in NY (15 yrs). I am the breadwinner in the family, and my wife runs a bakery in the city, which brings little income. We moved to FL temporarily (11 mos), because I was laid off. She has been threatening me with divorce and taking my son away. Also recently we moved back to NY temporarily because of her shop (been here for 5mos). While in NY, I found a good job in NY. I am a banker, hence no jobs for me in Boca. My wife doesn't want to stay in NY. We have a 2 yr old child (no school) and I am scared that if she goes to Florida and waits for 6 months, she could file a divorce there and even if I get some custody, I will have to fly back and forth. If she doesn't stay in NY I want to file divorce. Will I lose my child?
A: David's Answer: Certainly if you allow her to go to Florida, that state will likely be the home state of the child. Thus, you should make clear now (and in writing) that you don't consent to her moving. As to whether you would ultimately prevail in the relocation case would depend on an assessment of numerous factors, such as the age of the child, who's been the primary caretaker, etc. Thus, you're best advised to schedule a consult with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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