West Babylon, NY asked in Child Custody, Child Support and Divorce for New York

Q: I’m from N.Y Can I leave with my kids before filing for divorce or is it considered abandonment? I’m a stay at home mom

I want to move out of our house before filing for divorce. Would that move hurt me in the long run? I’m taking the kids after they’re done with school in June. Please help.

1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: It could be a problem. Both of you have equal custody of the children, and your removal of them from their home may not sit well with the court. Depending on where you want to move it may also be a problem as they will be leaving their school and friends. I strongly suggest that you sit down with an experience attorney in the county in which you reside and go over all of the facts of your case and the reasons for the move to get a better idea of what you should or can do.

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