Legal Question in Family Law in New Jersey

Re: leaving the state with the kids

Yes. You should see an attorney and file a motion so you do it the right way.

Re: leaving the state with the kids

You could be made to bring the children back to New Jersey.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: leaving the state with the kids

Prior to relocating to Florida, you do need the Court's permission, unless you have the agreement of the other party. In a relocation case, a court applies the following twelve factors, where applicable, in assessing whether to order removal:

The reasons given for the move;

The reasons given for 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 communication 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;

The effect 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; and

Any other factor bearing on the child�s interests Id. at 116-117.

The Baures court makes it clear that the growing trend toward permitting a custodial parent to relocate out of state with the children is based upon the world within which we live in 2001- geographic mobility, post-divorce demands such as, remarriage and job opportunities.

There are other issues and factors that might apply.

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.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.