Legal Question in Family Law in New Jersey
Child visitation
My ex husband is moving to Texas. He claims it is because of SADD and a back problem and his doctor is telling him to move. He sent me a motion with nothing backing his claim. His new wife is from Texas and her family is there. He wants visitation with the children for Christmas break for 1 week, Spring break for 1 week and 8 weeks over the summer. He has never taken them during these breaks before even though he was told he had 3 days over Christmas break and 2 non consecutive weeks over the summer (he would take them for the time in the summer). He also misses a lot of his every other weekend visitation. My children (9 and 6) do not want to fly and I do not want to put them on an airplane to fly to Texas. What are the laws on this? Also he claims he will no longer be employed when he moves and wants a major reduction in child support and wants me to pay for 1/2 of all airfare. Please help. What are my rights? The rights of my girls? What are the laws when it comes to the non-custodial parent moving?
2 Answers from Attorneys
Re: Child visitation
You former husband is creating some problems for himself because he can not have his child support obligation reduced if he reduces his income voluntarily. No judge will award one parent sole visitation for all of the summer. By moving he is greater reducing his opportunity to visit with his children. He will have difficulty in convincing a judge that his back problem is a compelling reason for moving so far away; he will still have a back problem.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Child visitation
You need to discuss this with a divorce attorney. Your ex and yourself should try to reach an agreement on visitation without the need to fight it out in court, but you clearly want an attorney's advice to guide you. Please try very hard not to discuss it in any way with your children; this is between you and your ex.
If you would like, give me a call to set up an appointment; I am in northern New Jersey. 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, and I will give you a free initial consultation.
Disclaimer: you can not rely on the advice of an attorney given over the internet. 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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