Legal Question in Family Law in New Jersey
Mother with custody wants to move to WV
I want to move from NJ to WV to be closer to my family. I have had custody of my 2 boys since our divorce 8 yrs ago. I have typed up an agreement for visitation consisting of the same schedule we are now on, the only difference would be that we would have to meet halfway or I would even be willing to drive the boys the entire way back to see their father. He is trying to stop me from moving to WV. Is there anyway that I can still move to be close to my family? Thank you in advance.
2 Answers from Attorneys
Re: Mother with custody wants to move to WV
You can apply to the court for permission based on demonstrating that you are not attempting to reduce visitation and that, in fact it will be uneffected. A court order authorizing you to move is all that you need. A motion would be filed under the divorce judgment. 800 273 7933.
Re: Custodial parent moving with the children
The Courts are now slightly more lenient in granting applications to allow the residential custodian to move with the children out-of-state. In general, if you can show that you have a good faith reason with regard to your move and can establish a parenting schedule, with the other parent, that does not seriously harm the relationship with the children, you should be able to satisfy the Court's concerns and the move is likely to be granted. Caution - it is a little more complicated than what I have just stated and really depends on the facts and circumstances of your case. However, if the move contemplated is in good faith, you should be able to move. 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