Legal Question in Family Law in New Jersey
Custody - Right to move out of state
Thank you for your time. I have residential custody of my children. For the past five years my ex-husband has not been consistant with child support. He pays when he can due to his changing employment issues. I have been very understanding of this, but it is effecting my ability to stay in New Jersey. My agreement does not state that I cannot leave the State of New Jersey, but is there a standard law that says I cannot move out of state with the children? And two of the children are over 13years, does their age determine their right to choose to stay with their dad? Thank you again.
2 Answers from Attorneys
Re: Custody - Right to move out of state
Non payment of child support is not a reason to deny visitation.If you have an order of child support, that order is valid until modified by the court.He is liable for support payment until the court agrees to reduce it.You should go back to court for enforcement of the arrears and payments.
You cannot take the child out of state without court permission.If the dad's ability to continue visitation will be negatively affected you will face a serious problem with getting approval to go out of state although it is not impossible.You may be able to work something out with the dad on moving out of state.
You have physical custody and you keep that unless you abuse or neglect the children.
The age is not important to your ability to have custody. You already have physical custody and that is yours to keep
Re: Custody - Right to move out of state
The status of the law in New Jersey is that you can not move with the children out of state without permission from their father or the Court. If he will not grant you permission, you must make an application to the Court seeking to remove the children. You must show a good faith basis for the move and that it is not "inimical" to the best interests of the children. The standards are somewhat complicated from there. The Court will have a full hearing on the matter. If you and the father share joint legal and physical custody, then the Court will look at it as a change of custody situation. Your financial advantage to moving will certainly be a factor which the Court will consider. If your children are over 13, they will likely be interviewed by the Judge and their preference or wishes will be considered, but are not determinative. I strongly urge you to consult with an attorney before taking any action. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.
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