Legal Question in Family Law in New Jersey
I became disabled with MS and began receiving SSDI. My daughter receives a SSDI benefit on my behalf. When her father found out, he filed a motion to decrease his child support obligation. This decrease has forced me to list my home of 10 years for sale, With a small SSDI benefit and half the child support than what i was previously receiving, the only area I can afford is approximately 35 miles away which would require a change of schools. My ex will definitely try to stop me from moving. His visitation is from Monday 4pm to Wednesday 8pm weekly. He works weekends. I know he will file court papers to stop me as he lives to go to court and loves to make as many problems for me as possible. I have a civil court order that states he is to have no contact with me as a result of all the stalking and harrassment he has done to me and my family. My question is : Can he stop a move of this distance?. I am terrified, I cannot afford an attorney, I must sell my home or I will lose it. I cannot even afford rent in the area we live now. The area I want to go is very reasonable and would enable my daughter and I to have a much easier time financially. Right now I live less than a mile from my ex. We have joint custody I am primary res. custodian. Thank you for your help.
2 Answers from Attorneys
As long as you are staying in NJ, the Court would probably not block your move, as long as you properly set forth the reasons for the move. If you are relocating out of state, you must apply to the Court for permission.
I agree with the first attorney's opinion.
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