Legal Question in Family Law in New Jersey
custody law in New Jersey
I have been married for 7 years in Sept. 2004. My husband and I
have a 2 year old boy. We are all moving to New Jersey from
California in a month because of a employment opportunity for my
husband. My husband is from New Jersey and his family currently
resides there. My question is; If for some unfortunate circumstance
that we end in separation or divorce, what legal rights do I as the
the mother have in trying to return to California with my child, if I do
not want to remain in New Jersey post divorce. My son and I are
both born in California.
Do you recommend writing a promisary note or some other legal
document that could protect us from having to remain in New
Jersey against my will in lue of a divorce? What type of legal
document should I look into? Any other advice will be appreciated.
Note: I am a stay at home Mom with no other income at the
moment. I hope to return to work as soon as my son enters
preschool.
Thank you..
2 Answers from Attorneys
Re: custody law in New Jersey
Based on the provided information, there is nothing you can do �legally� at this time to assure that you can return with your son to California once you moved to New Jersey.
However, if you are anticipating divorce and are serious about it, it may be in your best interest not to move to New Jersey and seek your divorce here in California. This way you can be sure you and your son can stay in California. The reason is California requires at least 6 months of residency before you can file for divorce. So if you move to New Jersey and stay there for more than six months, you would forfeit your California residency status. At which point New Jersey will be your new residency and will have jurisdiction over your divorce. Then it will be up to your husband and the New Jersey court system whether or not you can go back to California with you son. Warmest regards.
Re: custody law in New Jersey
Sometimes anticipation creates a self-fulfilling prophesy. Think and act positively and the future you fear may not happen.
There is no point exposing your lack of confidence in your marriage by raising an issue which can only be resolved in the future. Where the issue is child custody, visitation or support, the court always always makes a CURRENT evaluation of what is in the best interest of the child. No notarized agreement which you make with your husband, even with the advice of counsel, will withstand a court's decision that it conflicts with a child's best interest.
Gary Moore, Esquire
Hackensack, New Jersey
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