Q: I have full legal custody of my 3 children. I am working on my divorce but I am very low on funds and my ex stated he was not going to pay for the divorce and he only has visitation every other weekend with the two little children for one day from 5 pm Sat to 5pm sun.
My oldest does not want to have anything to do with him and this is stated in the visitation agreement it is up to my son and he chooses not to visit.
At this time I am unable to work do to injury in my legs. It is to a point I have a home aide to assist me.
Financial he is not paying child support fully and one of my children has Autism. My family flys in as much to assist me but it becomes a burden on them as well.
My family would like me to move to North Carolina with them so they can give me and the children the support we need.
There father has forfeited three visits in a row, the last time they have seen him was in the first week of December and we just got the agreement in September.
I would like to know can I make this move so that my children and myself can get the assistance and family support that we need.
A: David’s Answer: Rather than filing for divorce right away, I’d advise you to proceed in Family Court first. Family Court moves quicker on custody issues & is better set-up to accommodate those who can’t afford a high amount of legal fees. You should file a petition seeking permission to relocate. Schedule a consult with a Bronx Child Custody attorney for a full assessment.