Legal Question in Family Law in New Jersey
keep custody and move
have three yr old child and not married to father but live together for ten yrs. He has no real interest in child but will seek some custody i expect, smokes marijauna every night, keeps properties in parents names and the like. I want to leave, my large extended family lives in another state, and i would like to be there for moral support i have all responsabilities for child and am primary care giver would i be able to leave without a problem from the courts. thankyou for your time
2 Answers from Attorneys
Re: keep custody and move
The answer to your question is fact sensitive and will depend on whether the father would object to the move and how a court would view what is in the best interests of the child.
I believe you should discuss this with the father first. If he agrees to the move and custody, but wishes to have a relationship with the child, you should reduce the agreement to writing, then make an application to the court to have it filed.
If he doesn't agree to either the custody or the move, then you should make an application to the court making the request/demand on the grounds that you believe warrants such a ruling.
In either case, you would be wise to seek the advice of counsel, but most especially if the father is not accomodating. Good luck and feel free to call my office.
Ralph Soukis
Re: keep custody and move
Thank you for your inquiry.
In order leave the state of New JErsey with the child, you will need a the consent of the father or a Court Order.
As it would be my pleasure to speak to you regarding your situation, please feel free to contact my office at 732 246 0909 to discuss same.
Very truly yours,
Edward R. Weinstein