Legal Question in Family Law in New Jersey

I have joint custody with my child's father. I am custodial, he has visitation. We are very flexible and he sees her even outside scheduled weekends. I work f/t and I am also a f/t grad student. I would like to apply for an assistantship in Florida to complete my degree. FYI, I have been extremely cooperative about dad seeing child - when he had his 2nd DUI, I drove her to his house for 2 yrs. When he stopped paying child support for 8 mos. due to unemployment, I supported her on my own, including health care. I now make more than he does and hope to have much better career prospects after I get my MS. What are my chances of accomplishing this in NJ?


Asked on 1/11/11, 9:24 pm

2 Answers from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

I am not sure what you are asking, but it appears you are asking if you will be allowed to relocate to Florida to complete your degree? If yes, the issue of relocation first looks at whether you are the parent of primary residence. Based on the above information it appears you are the parent of primary residence, so to determine whether a relocation will be detrimental to a child, a court must consider the following factors:

�The reasons given for the move

�The reasons given for the opposition

�The past history of dealings between the parties insofar as it bears on the reasons advanced by both parties for supporting and opposing the move

�Whether the child will receive educational, health and leisure opportunities at least equal to what is available here

�Any special needs or talents of the child that require accommodation and whether such accommodation or its equivalent is available in the new location

�Whether a visitation and communications schedule can be developed that will allow the non-custodial parent to maintain a full and continuous relationship with the child

�The likelihood that the custodial parent will continue to foster the child's relationship with the non-custodial parent if the move is allowed

�The effect of the move on extended family relationships, here and in the new location

�If the child is of age, his or her preference

�Whether the child is entering his or her senior year in high school at which point he or she should generally not be moved until graduation without his or her consent

�Whether the non-custodial parent has the ability to relocate

�Any other factor bearing on the child's best interest.

You should hire an attorney to help you with any request or modition to modify the current arrangment.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

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Answered on 1/17/11, 7:05 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

I agree with the other attorney, not sure what you are asking for. I have an office in Toms River, so if you want to discuss this further, feel free to call me at 732/773/2768.

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Answered on 1/17/11, 1:29 pm


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