Divorce can be complicated especially when your dealing with multiple residencies in different states. Here are some common out of state divorce issues.
Out of State Divorce Issues | Relocating to a Different State with the Children
Clients often come into my Rochester office asking if they can relocate to another state – or to another part of the state – which is far away. I tell them that, in cases where the other parent has regular contact with the child, you need one of two things to be permitted to relocate with your child. First, the parent with whom the child is not living must sign an agreement acquiescing to the move or, if they refuse to give their consent, you must make an application to the court for permission to relocate. In that event, the court consider all the facts and circumstances of the case and then determine whether it’s appropriate for you to relocate. You just can’t pick up and go. You must obtain permission and consent from the other parent, or you the court must say that it is okay.
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Out of State Divorce Issues | Filing for Child Support When Your Spouse Lives in Another State
A lot of people who come into the Rochester office say their boyfriend, girlfriend, or former spouse has moved to another state – and they’re not receiving child support. They have never gotten child support, and they want to receive it. In such cases, the parent who desires to receive child support would have to file an application or petition in family court in the county where the child lives. If you live in Monroe County, here in Rochester, or any of the surrounding communities, the application is filed in family court. Once that application is filed, the other party will be served with that petition and the application for child support will be heard in the Monroe County court where the judge will enter an order setting forth your ability to get child support.
If you are experiencing out of state divorce issues, please call Rochester divorce attorneys Friedman & Ranzenhofer today.
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