Legal Question in Family Law in New Jersey

Child Custody

My 12, soon to be 13yr old son wants to move to my home which is out of state.(NJ to MI)His Father has the primary residence but we share joint custody. We were divorced in 2000 and I moved to MI that same year. I have since remarried (3yrs). I have always wanted my sons to live with me but my now 17 yr old wanted to stay in NJ. He is going to college this fall so he won't be involved. Dad intends to fight me on this and this saddens my son. Dad is aware of his intentions to move here. I want him here where he wants to be. What do I do and what are my chances?


Asked on 1/04/04, 6:00 pm

3 Answers from Attorneys

Edward Weinstein Law Office of Edward R. Weinstein

Re: Child Custody

Thank you for your inquiry.

If your 13 year old desires to relocate with you, an In Camera interview with a Judge should be requested via a motion to the Court.

As it would be my pleasure to speak to you regarding your situation, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

214 Highway 18

East Brunswick, NJ 08816

Phone: 732-246-0909

Fax: 732-246-2888

E-mail: [email protected]

Web Page: www.edwardweinstein.com

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Answered on 1/05/04, 7:54 am
Janet Ziulkowski Ziulkowski & Associates, P.L.C.

Re: Child Custody

By 13, courts tend to give a lot of weight to the child's wishes. If your son wants to move with you, you may have a good chance in having him move with you. You will need to file a motion for change of physical custody with the court that has jurisdiction over your son. That is usually the state and county in which the divorce was filed, unless jurisdiction was somehow changed. If you got divorced in NJ, you will probably have to find a NJ attorney to file the motion. If MI is the jurisdiction, I can help you with this, Call me at 586-992-9981 if you would like to discuss this in more detail. Good luck.

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Answered on 1/04/04, 6:14 pm
Gary Moore Gary Moore Attorney At Law

Re: Child Custody

The older a child is the greater the importance of his preference as to with which parent he will live. The seventeen year child's preference is controlling. The thirteen years old's preference is not given the same degree of deference, but it is very important and all other considerations between you and his father being equal his preference will carry considerable weight.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www,garymooreattorneyatlaw.comb

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Answered on 1/04/04, 7:06 pm


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