Newburgh, NY Divorce Law Firms & Lawyers

In New York, abandonment is a ground for a divorce provided that you have been absent from the residence for a period of one year.  Should there be a "lockout" from the residence, then your time outside the residence would not accrue. Generally, when someone leaves the marital residence and begins to reside elsewhere, the spouse who remained in the marital residence will be successful if they petition the Court for exclusive use and occupancy of the residence.  Without any pending divorce action or family court proceeding or criminal proceeding in which there is an order of protection or order of exclusive use and occupancy of the marital residence, you may be successful in returning to the marital residence at the present time. Before you undertake any actions to return to the residence to reside, you should consult with an experienced matrimonial attorney in your area. - Alfred Polizzotto, III

If it's a boarding school, yes. If it's not a boarding school, it depends on the law of the other state. The person who will be your son's guardian (I assume you're not considering sending your 16- year old out of state to a non-boarding school without a guardian on the other end) would have to find out the procedure for getting appointed as guardian. They need to also check the applicable laws regarding any residency requirements for school attendance.   

This could be considered a conflict issue. Your attorney could make a motion that this magistrate recuse themselves and another magistrate be appointed to the case.