Brooklyn, NY asked in Child Custody, Divorce and Family Law for New York

Q: My soon to be ex wants to get full Custody of the kids (10 and 8 yo) while planning moving back to Russia with them

Who will have more chances to get custody - me (staying in US) or him moving kids back to Russia. They are born and grew up here?

2 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: He has a heavy burden if he wants custody first he has to show the children are better off with him and then he has to show that the children's lives will be enhanced by the move to Russia.

Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: That is one factor (albeit a MAJOR factor). There are other factors as well. Generally courts are reluctant to give custody to someone relocated out of the jurisdiction and relocating to Russia would be a heavy burden on him. You need to speak to a lawyer to get the entire picture to answer this.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.