Legal Question in Family Law in New Jersey

Custodial parent is relocating within the state of New Jersey

I am the custodial parent of two children and I am getting remarried. My new spouse has to live in the county of his employment which is 80 miles south of my current address. My ex-husband currently has visitation on every Tuesday and Thursday from 4 pm to 8 pm, every other weekend and 4 weeks vacation a year. When I relocate my ex-husband will be unable to keep his week day visitation. I have offered alternate times to make up for the difference in visitation but he has decided to fight me for the custody of our two children. Can he win and what is my best form of action?


Asked on 7/12/01, 2:32 pm

3 Answers from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Custodial parent is relocating within the state of New Jersey

Could your ex win? It is possible. Will he? That I cannot tell you on the limited facts you have provided. Custody decisions are complex, and the standard is not as precise as most people would like it to be.

Since your ex is suing you for custody, you should definitely get an attorney. Techincally, you can do this yourself, but because custody depends on so many factors, you are better to have an experienced professional handle the matter for you.

I would suggest you contact and few attorneys, and then decide which one you feel most comfortable with. Custody battles can be drawn out, and usually get into very personal matters. You need to be comfortable with the person who will represent you.

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Answered on 7/13/01, 9:02 am
Robert Gleaner Robert A. Gleaner, P.C.

Re: Custodial parent is relocating within the state of New Jersey

He certainly can prevail, but whether he will or not depends on many factors that are not apparent from your question. In my opinion, the likelihood that he will prevail in obtaining a change in custody is less than the likelihood that he will not. However, the case must be prepared properly. You will need to show the good cause for moving, convince the Court that you are not doing it to spite your ex and show the alternatives that you are giving for a new visitation schedule. If you cannot agree, the Court will sort it out and put a new schedule in place. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There 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, before you take any further action, you should 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. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 7/12/01, 6:15 pm
Beverly Muller Beverly Sharps Muller, Esquire

Re: Custodial parent is relocating within the state of New Jersey

hi -

your best bet is to fight this action by your ex with a lawyer. it seems that the court takes better notice of the person who has representation. it seems unlikely that he would win custody, based on the facts as you present them. if you have further questions, feel free to call me at 609 263-0089. good luck !!

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Answered on 7/12/01, 6:51 pm


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