Legal Question in Family Law in New Jersey
Child Custody and Move to Miami
Our family separated in April of 2002, since then I have been the primary caregiver of our children! The children and I moved to New Jersey in August to accept a job offer! The divorce was made final on October 2002 thru Florida Courts but the courts did not issue custody to either member because the kids were here with me in New Jersey and they stated the custody needed to be resolved be a New Jersey Court! Since then I have been providing for my children as the primary caregiver! I am currently planning on moving back to Florida and the Mother does not consent! The children who are 7 , 6 and 5 years old have stated that they wish to move with me, with the exception of the middle child.I have tried to reason with the mother to except this, but she wants to keep the middle child of 6 years old, i think it's a problem being that it can cause harm to the relationship of the children! The mother is currently in a one bedroom apartment with roomates and living with her husband who is also her first cousin! What are my rights as to moving my children? Can I move my children to Florida?
2 Answers from Attorneys
Re: Child Custody and Move to Miami
A New Jersey court must resolve the dispute between and the mother as to your leaving the state with the children. Marshall your facts and arguments; argue the law and convince the judge that you plan is fair and reasonable.
You can call me about an office consultation or to ask a few questions.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
800 273 7933
Re: Child Custody and Move to Miami
Your answer cannot be easily given. However, in general, your proposed move would be a substantial change of circumstance and consideration needs to be given to an accomodation to the parenting time of the distant parent. If parenting time is not amicably resolved between you and your ex, then a Court will need to consider many factors, including who will bear the cost of transporting the child(ren) back and forth [either with or without a parent], when this will occur and how often. Also, there is no hard and fast rule and the manner in which this is handled is different from case to case. Finally, there is no particular age when a child can decide where he/she wants to live. Whether or not their opinion is taken depends on the maturity of the child. Some 10 year olds may be mature enough to choose; some 16 year olds may not be. All child-related decisions are based on the best interest of the child and after hearing all of the facts and circumstances and perhaps hearing the opinions of experts, the Court would make its determination. Keep in mind that this advice is based purely on the bare facts that you have given me here. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with an attorney. I would be happy to discuss this matter with you if you would call me at 856-546-8010. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner
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