New York child custody laws prevent anyone with a custody agreement in place to relocate more than 100 miles with their children without court permission and amended custody agreements. Whether you realize it or not, you need to contact the court to discuss your relocation, the legalities of it, and see if you can even legally relocate. It sounds almost unfair to those who have primary custody of their kids. You might want to know why you can’t make life decisions simply because you share custody with your ex, but the law is the law.
How to Handle queens Relocation Issues
Relocation is a problem many people deal with, and it’s a problem some people aren’t sure how to handle. This is why contacting a relocation attorney is imperative. You want to be sure your relocation is handled legally so as not to result in serious legal consequences. When you share custody no matter how much or little, you are required to consider the other parent when you make life decisions affecting your move. Even if you don’t think it’s fair you should remain close to your ex simply so he or she can see the kids regularly at your expense, it’s the law.
Failure to talk to an attorney and request permission from the court is going to result in a potential criminal charge. If your spouse decides to get back at you for taking the kids away from him or her, they can call the police and tell them you kidnapped the kids by violating your custody agreement. This legally binding document contains your signature and the notation you will not move more than 100 miles from your current address without court permission.
If the police are called, you could be arrested and charged with kidnapping and direct violation of the custody agreement. It’s illegal, and it could cost you custody of your own kids. Call an attorney so you can figure out how to appropriately handle the desire to relocate when it’s offered.
Talking to the Court
Your attorney is going to present your case to a judge to have your custody agreement modified. This agreement might be modified to change the custody arrangement in a major way or to change it just a little depending on how far you want to move and where you want to go. You probably won’t have any problem relocating if your reason is good, and that’s something you can count on.
A judge is unlikely to deny you the request to relocate if you remarried and plan to move in with your new spouse, if you are offered a lucrative job, or if the move is in the best interests of the child in question. Your spouse can fight it or agree with it, but the paperwork outlining your custody is going to require you spend some time figuring out an acceptable new custody agreement.
Call an Attorney
Don’t consider a relocation custody fight without an attorney. Attorneys can help you present your case to the judge, they can help you figure out what you want, how to make it work, and how to do what is best for your kids. Your attorney can also help make the process a bit faster by working harder to ensure you can find a way to make sure your kids are given a say in this move if they are old enough. There are a lot of moving pieces in a relocation process, and it’s time to contact an attorney for help.
One of the most controversial negotiated issues in divorce proceedings is how property gets divided. Some couples work out their issues; others refuse to let cooler heads prevail. Your spouse may decide the best way to act out their aggression is withholding your personal property.
Now, you are faced with trying to work out a time to get your belongings from your ex. If the divorce stretched the wedge between the two of you, this might not be simple. Nevertheless, you are entitled to your property, and there is a way for this to happen.
Taking Your Personal Property with You is Not Always Simple
Giving your ex-husband the benefit of the doubt, there might be things he feels entitled to if you took personal items when you moved out of the house before the divorce. If these were item you wanted to keep, it is understandable why you chose to do so.
Understanding the difference between marital and separate property can help you clear up any issues. This is an important distinction so you know which items are legally yours to keep.
Marital property is all the items you acquired during the marriage. Before either you or your ex can claim these items, state law will determine who is really entitled to the property.
You can take marital property when you move out. Just make sure you tell your spouse about it during the divorce proceedings. Keep in mind, however, that you might have to give it back if there was no mutual agreement. Most likely, the value of the items will be calculated in your property award.
Separate property is classified as anything you owned prior to the marriage. These items are your personal belongings and are not subject being divided during a divorce. Few exceptions apply to this legal principle, which is largely based on increased value of money or property that was converted into marital property.
How to Recover Personal Property after Moving Out
Details of a good property settlement spells out what each spouse gets and the timeframe in which you should receive it. If this is included in your settlement, make sure you have not missed the final date to get your property. Otherwise, you could risk forfeiting your rights.
There are options for getting your belongings, which is usually based on how well the two of you get along. Some things to consider:
• Arrange a time that is mutually agreeable for you to pick up your items.
• If you would rather not see your ex, agree on a time that you can go alone.
• Bring a third person with you. Preferably, this should be someone you both trust.
• Send a friend or family member to pick up your property after your ex packs everything. Of course, this depends on you trusting that your ex will pack everything that belongs to you.
What is most important is that you retrieve your personal property as agreed. Who actually picks them up is less important.
When your ex-husband prevents you from getting your personal property, you might have to request an order from the court. This is not legal. Your divorce lawyer can help you file the appropriate paperwork.
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