Legal Question in Family Law in New Jersey

Change in custodial parent

I am the noncustodial parent of a 5 year old boy. Last year the (mother) filed a removal petition to move with my son out of state. THe mother also has a 15 year old daughter from her first marriage. The court granted her permision and established biweekly parenting time for me based on the presumption she would be living there and not here. She never moved, and became pregnant instead and had another child. The mother is a single parent and has chosen not to involve the dad of her third child at all. My son's mother and I have been functioning on a oral pareting time aggreement, allowing me weekly visits, with every other weekend overnights and extra overnights from time to time.. Mother is now attempting to deny me parenting time on the non overnight weeks because it was not contained in the order. Would I be able to get the order modified? If she should still choose to move, would she be required to recertify now that her circumstances have changed? Since she now has three children to care for, and I have only the one, what would be required for me to file for custody of my son should i choose to do so?


Asked on 3/15/03, 9:20 pm

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Change in custodial parent

There is the question of the mother's bad faith representation about moving and the necessity of same. Were her representations made in bad faith and constitute contempt of court. Will bad faith in the past impair her ability to move now if brought to the attention of the court? To discuss the matter call me at 800 273 7933.

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Answered on 3/16/03, 2:17 pm


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