Legal Question in Family Law in New Jersey

Re: Child's right to determine custodial parent

I can add, however, the parents truly share both legal and physical custody, an application by one parent to relocate and remove the residence of the child to an out-of-state location must be analyzed as an application for a change of custody, where the party seeking the change in the joint custodial relationship must demonstrate that the best interests of the child would be better served by residential custody being primarily vested with the relocating parent.

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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.

Re: Child's right to determine custodial parent

There is no specific age when a Court will absolutely honor the wishes of the child. Your daughter is within the range, however, where the Court will consider her wishes. In the final analysis, the Court will make a decision that it believes is in her best interest.

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 a Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

Re: Child's right to determine custodial parent

13 is a little too young where her opinion would control, but old enough where it would be taken into consideration. However, you have more than just her wishes to contend with. To take the child out of state, called "removal" is not easy and requires you to show the court that certain legal factors weigh in your favor. I would strongly suggest getting an attorney to help you with this.

Feel free to call me at 732/247/3340, my initial consultations are always free.

Re: Child's right to determine custodial parent

I have read what Attorney Rob Gleaner wrote, and as usual he is right on.

I can add that I usually approach these type problems by trying to communicate with the other spouse's attorney on a 'let's do what is best for the child and how can we make that work for both parents' approach, in a friendly cooperative fashion. Surprisingly often, I can get a dialogue going and avoid a court fight.

After that, if the child still wants to do it, and if the other parent will not agree, then it will be up to the Judge to decide what is in the child's 'best interests'. the older the child, the more weight the Judge will normally give to the child's wishes.

There are lots of other factors that come into play, which are too numerous to list here.

Find an attorney who spend most of his/her time handling divorces (this is a divorce-type matter) in the county where you got divorced.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

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 exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: Child's right to determine custodial parent

There are three issues that appear to be implicated in your question. I will leave the "age" issue for last. Your case is really about custody, since the child's father has residential custody. Your application to the Court would be two-fold, to change residential custody, and to remove the child to a different state. In either situation, as Jef Henninger stated, the child's wishes would be considered, but not absolutely control. The removal case falls under a series of cases under O'Connor v. O'Connor (as opposed to Baures v. Lewis - the distinction is actually set forth right in the Baures case), as you do share custody and are seeking to move from the state.