Legal Question in Family Law in New Jersey

Custody?moving out of state

My ex and I have a two year old, she is with me full time and he keeps her every other wkd. We live in NJ and an economic opportunity has arised for me in florida where i have family. We have a verbal agreement now, nothing legal. What are the chances that if i request full legal custody and permission to take her out of state it will be granted?


Asked on 4/03/09, 12:01 pm

4 Answers from Attorneys

Richard Vallario Richard W. Vallario Law Office

Re: Custody?moving out of state

Based on what you say, your chances are very favorable. You must have this confirmed in a Order signed by the Court. It will have to provide a method for your ex to have parenting time and access to your daughter. The more details the 2 of you can agree upon, the easier it will work.

We have done several of these Consent Orders at moderate cost. Contact me if you want to discuss it further.

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Answered on 4/06/09, 8:34 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Custody?moving out of state

Do you anticipate the other parent contesting sole custody?

If the other parent has visitation every other weekend your move might effect the visits.

Antoinette M. Wooten,

Belleville, NJ

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Answered on 4/03/09, 12:08 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Custody?moving out of state

I suggest you at least meet with an attorney to discuss this. You may not even need to hire one based upon the information you provided, but you should discuss the situation.

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Answered on 4/03/09, 1:31 pm
Gary Moore Gary Moore Attorney At Law

Re: Custody?moving out of state

I am totally puzzled by the way that people use the term "full legal custody." What does the term mean to you? The child has two parents and is entitled to experience both parents.

I think you mean that you want to retain your status of having primary residential custody of your child when you move to Florida. The Court will allow your move if it is made out of financial necessity, but the other parent is entitled to some compensatory adjustment in the visitation schedule. Usually, the noncustody parent has the child in the summer for a substantial period.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 4/03/09, 1:38 pm


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