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Vicious cycle

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What is the name of your state? NY

It has been a LONG time since I've been on this forum, so let me do a quick summary of my situation for those of you who may not remember me :) I'm the father of three beautiful children, 2 boys and 1 girl. After a 2 year (more or less) battle for a divorce, I was finally able to have one granted in 2006. Recently, I have been able to have my children for my visitation periods without any problems, and my daughter has been coming over much more often, and we've been bonding like I never thought would have been possible. I finally realised the reason things have been going 'easy' for me is because the man she just got married to in October, 2006, filed for a annulment/divorce from her in January. Now after several hours of straight laughing, I realised that there has to be some way that this could be beneficial for me, ie, more visitation etc. Please bear in mind that this is her fourth marriage and her 2nd divorce in as many years. She is a very emotionally and verbally abusive person and for this reason he left...he and I have since been in contact and I know he's using fraud for the annulment; not sure about cruel and inhuman treatment. She is also about to be kicked out of her apartment...what are the conditions that she can move out of the state without first going to the court or notifying me? What are the potential repercussions of her moving anywhere without first getting approval from me or the court? Is it possible for me to seek temporary custody since she is being kicked out? She has no clue that I know all of this about her and she's not letting me know that she has to leave, so I would definitely appreciate some insight. I have contacted my lawyer, but he's going to be unavailable for the next couple months, so your contributions are greatly appreciated.
 


BL

Senior Member
What is the name of your state? NY

It has been a LONG time since I've been on this forum, so let me do a quick summary of my situation for those of you who may not remember me :) I'm the father of three beautiful children, 2 boys and 1 girl. After a 2 year (more or less) battle for a divorce, I was finally able to have one granted in 2006. Recently, I have been able to have my children for my visitation periods without any problems, and my daughter has been coming over much more often, and we've been bonding like I never thought would have been possible. I finally realised the reason things have been going 'easy' for me is because the man she just got married to in October, 2006, filed for a annulment/divorce from her in January. Now after several hours of straight laughing, I realised that there has to be some way that this could be beneficial for me, ie, more visitation etc. Please bear in mind that this is her fourth marriage and her 2nd divorce in as many years. She is a very emotionally and verbally abusive person and for this reason he left...he and I have since been in contact and I know he's using fraud for the annulment; not sure about cruel and inhuman treatment. She is also about to be kicked out of her apartment...what are the conditions that she can move out of the state without first going to the court or notifying me? What are the potential repercussions of her moving anywhere without first getting approval from me or the court? Is it possible for me to seek temporary custody since she is being kicked out? She has no clue that I know all of this about her and she's not letting me know that she has to leave, so I would definitely appreciate some insight. I have contacted my lawyer, but he's going to be unavailable for the next couple months, so your contributions are greatly appreciated.
A couple a months ?
Is he in his own practice , or is he with a firm where there is another Attorney you can consult with ?

At any rate if all your order includes is visitations , without any removal clause of the children from the State of NY , you have to file for an Immediate temporary order of Custody and request a NO REMOVAL of the children from the State clause .

Otherwise you would be in the position of petitioning return of the children to NY after the intent to permanently remove the children, which is more involved .

Whatever the outcome weather your awarded physical Custody or not , at least request Joint Legal Custody , and get " Neither Parent is to remove the Children from the State of New York without the written consent of the other Parent except for vacations " Order included .
 

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