Legal Question in Family Law in New Jersey

Child Full Custody

I'm married now 19 years and have 3 kids two of which are minores under the age of 5.

If I decide to divorce my husband will he be able to take the kids away from me?

If not, will I be able to relocate out of the State with the children once the divorce is final?


Asked on 1/27/02, 3:31 pm

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Custody determination

Your question cannot be answered based on the little bit of information that you have given. Child custody decisions are based on the best interest of the children. New Jersey Courts now tend toward joint custody with one party being the Parent of Primary Residence and the other being the Parent of Alternate Residence. How the time is broken up and the relative responsibility of the parties is a very fact sensitive determination when contested by the parties. Whether or not you can move cannot be answered until the custody determination is made. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. Good luck! Rob

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Answered on 1/28/02, 9:08 am
Arthur Malkin Arthur David Malkin, Attorney at Law

Re: Child Full Custody

If you are contemplating divorce, you may call me at 973-541-1500 or e-me at [email protected] for a free initial consultation.

If you cannot resolve custody issues, the court will determine custody and parenting time (visitation) based on its determination of the best interest of the children. Joint legal custody is favored spousein NJ with one spouse. If your spouse does not consent, you will need court permission to move out of state. That can be difficult to obtain when the proposed move is contested.

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Answered on 1/28/02, 1:01 pm


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