Moving is a big deal for kids. It’s new schools, new friends, new homes, new neighborhoods, and many other new changes they might find intimidating, overwhelming, and confusing. Moving as an adult is difficult enough, so imagine how your kids feel when they’ve yet to learn so many of the valuable life lessons it takes to better handle a situation like this one. If you’re moving your kids to a new state, you must consider their best interests. This is especially true if you are taking them out of New York where you have a current custody agreement with their other parent.
The Penalties for Relocating Without Permission
You cannot legally remove your children from life in New York without permission from the court if you have a custody agreement in place. Your child’s other parent could cause serious problems in your life, which could include the loss of custody of your kids if you take them out of the state without first going through all the legal channels. You are not the only person looking out for the best interests of your child when there is a custody agreement in place.
You could be charged with kidnapping. The law dictates no custodial parent can take their child more than 100 miles from their current home without permission from the court where the custody agreement was created. You’re free to move your child and your home without court permission so long as you stay within 100 miles of your current residence.
If you move 100.3 miles away, your ex could potentially file a report with the court stating you kidnapped his or her kids by taking them outside the realm of your custody agreement. Even if your spouse knew this was happening in advance, he or she might decide this is a great way for them to fight for full custody of the kids and call the police. The police are within their legal right to arrest you and charge you with kidnapping children you have only within the confines of your custody agreement. It’s very easy for your ex to then take over full custody of the kids.
An attorney can advise you how to handle a specific situation such as this one. You might want to discuss your reason for needing to move more than 100 miles from home, and your attorney can present it to the court. The job of the court is to determine what is best for the kids.
– You’re getting married and moving
– You have a great job opportunity that will improve your lives
– There is a health issue with your child that requires relocation
– Your financial situation will improve when you move
There are various reasons you might decide to move so far from home, and the court will take those into consideration. The court is not interested in keeping you from your children. The court wants to ensure all kids are within easy access of both parents, but they also want to ensure they are not holding parents back from their own lives and the improvement of said situation by preventing a move.
All relocations are possible, but they must be made legal. Most relocations require a change in custody agreements. It might mean you lose your kids all summer while they go see their other parent to make up for lost time because of a long-distance move. It might mean spending more time traveling or allowing your ex to visit the kids in your new hometown. Contact an attorney to discuss relocation to ensure your kids are not adversely affected by this new lifestyle change.
Financial disclosure papers are a part of nearly every divorce in the country. Some divorcing couples do not want to disclose personal financial information or lists of assets. That can be a problem because getting around this requirement of divorce can be difficult or impossible. Here is what to know about whether you and your spouse need to complete the financial disclosure during a divorce.
Why Financial Disclosure Is Considered Important
Financial disclosure in a divorce case is considered very important by the courts for a variety of reasons. The first is that disclosure papers ensure that both spouses understand the financial assets and position of the other. This allows each spouse to make informed decisions about what is or is not a fair settlement during the divorce. Judges wants to see financial disclosure statements because it allows the court to determine objectively if a ruling or settlement is fair to both parties. The papers are seen as especially critical when determining financial aspects of the divorce related to children.
Financial Disclosure Is Always Necessary
The reality is that complete financial disclosure is almost always necessary when filing for divorce. Every state but California requires both spouses in a divorce to submit disclosure papers in some form. Many jurisdictions will simply not allow you to get a divorce unless the financial disclosure papers are completed. This is true even if you and your spouse came to a settlement on your own or through independent mediation. There are very few ways around this rule of divorce.
Limited Financial Disclosure
One possible option you might be able to use is filing a limited financial disclosure. This provides the spouses and courts with far less information than a full disclosure. A limited financial disclosure usually just involves a couple of recent paychecks, your last tax return and some bank statements. The issue is that not all judges in a divorce will accept a limited financial disclosure. The main reason to attempt this is if you and your spouse both attest to having a complete knowledge of the financial state of the other. You must also have a fair settlement ready for the divorce. The judge will then just look at the limited information to make certain the settlement is acceptable.
Signing financial disclosure waivers is only commonly accepted in California. There is, however, some precedent for this process working in other states. Using this option means that both spouses in a divorce sign detailed waivers stating that disclosure is not necessary because both parties understand the finances of the other. This could allow you to get a divorce through mediation without having to file disclosure papers. It will ultimately be up to the judge in the divorce case to determine whether the waivers will be accepted or not. It is best to consult an experienced divorce attorney before attempting this.
Penalties for Lying or Hiding Assets
Financial disclosure papers are considered so essential to a divorce case that there are penalties for people who refuse to provide them, hide assets or simply lie about things. The penalties could include additional charges for perjury. The court could penalize a couple attempting to obfuscate financial disclosure papers with monetary fines. The worst penalties can include contempt of court charges that lead to time in jail. This is why it is always best to just file honest and complete financial disclosure papers when going through a divorce.
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