Legal Question in Family Law in New Jersey

Considerations upon move from New Jersey

Your answer cannot be easily given. However, in general, your proposed move would be a substantial change of circumstance and consideration needs to be given to an accomodation to the parenting time of the distant parent. If parenting time is not amicably resolved between you and your ex, then a Court will need to consider many factors, including who will bear the cost of transporting the child(ren) back and forth [either with or without a parent], when this will occur and how often. There is no hard and fast rule and the manner in which this is handled is different from case to case. Certainly the Judge will give substantial consideration to the lack of parenting time while the father was close by. However, all factors will be considered. 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. If you have not retained an attorney, before you take any 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 at 856-546-8010. If you mention Law Guru, there will be no charge for your first consultation. Good luck! Rob Gleaner

Re: If i file a motion to move out of newjersey with my children

You must obtain permission to move out of state from the Court. However, the burden is not very onerous and, based upon the facts you have provided, it seems that you should be granted permission to move. As far as the jurisdiction issue, once you have permanently relocated to Alabama and have been there for 6 months, the custody and child support issues can be transferred there, as long as the Court in New Jersey relinquishes jurisdiction. However, all other issues would remain under New Jersey's jurisdiction. 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.