Legal Question in Family Law in New Jersey

Child Custody - Move to another state

My husband has joint custody of his 14 year old daughter who currently lives with her mother in NJ. After their seperation (they were never married) when my step daughter was 2 years old, her mother got married and had 3 children, got divorced and married another man with whom she had another child. My husband pays child support but the ex-husband and father of 3 of the kids does not pay any support. My step daughter wants to live with us in FL. She is currently in a small 3 bed, 1 bath house with her mother, step father and half brother/sisters. Her mother consistently tells her that her father does not want her, doesn't pay support, and doesn't care about her. The mother does not have a good history of keeping jobs, and has very little money to support all of her children. When trying to get custody, would my husband be able to use the mothers work ethics, money troubles, and over crowded house as reasons to have custody? Also, what factors do the judges look at when deciding if the child can be moved to another state?


Asked on 3/28/08, 3:05 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Child Custody - Move to another state

Your husband does NOT have joint physical custody of his 14yr old daughter. His ex, her mother has physical custody. Your husband might have joint legal custody, a very different thing.

Your husband needs to persuade the New Jersey Court that it would be in his daughter's best interests to live with him and not with her mother. The factors that go into this decision are numerous, and the outcome will depend very much on the specific facts of the case.

Call me if you would like me to assist. It sounds like this 14yr old may do better with you.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 3/28/08, 4:22 pm
Gary Moore Gary Moore Attorney At Law

Re: Child Custody - Move to another state

The factors which you have listed would be of importance, as well as the

desire of your step daughter to live with her father and the near abusive

misinformation given to the child by her mother.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 3/28/08, 4:22 pm


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