Legal Question in Family Law in New Jersey

divorce/custody

I am in the process of a divorce. We are filing the papers ourselves not using a lawyer b/c we agree to everything and have already divided assets. My concern is that my soon to be ex is going to fight me on custody of our 2 minor children ( age 6 and 5). They currently live w / me and he takes them 3 overnights per week ( I work nights, he takes them overnight when I am working). I want to know, if I plan to move to PA ( approx 40 mins away) do I need his permission? Can he take the kids from me if I do move? I plan to stay close enough that he can still see them but would probably not be able to have them overnight on school nights anymore.


Asked on 2/21/07, 11:15 am

2 Answers from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: divorce/custody

Your question about custody is contradictory to the first sentence of your inquiry - "We are filing the papers ourselves not using a lawyer b/c we agree to everything ..." You do not agree to everything because you have not agreed about custody, which is probably the most important issue of all. This is the reason that you need to immediately seek the assistance of a lawyer.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 2/21/07, 11:22 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: divorce/custody

I agree with Mr. Gleaner. Sounds like you do need an attorney. You cannot just move to PA. You need consent or a court order. I strongly suggest getting an attorney.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 2/21/07, 6:14 pm


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