Legal Question in Family Law in New Jersey

Move Away Issues

I would like to know what my chances are of winning a move away case where I would be able to move from CA to NJ with my daughter, age 6, whom I have primary physical custody of. Her father is opposed because he claims it will interfere with his visitation. He doesn't pay child support. He has visitation only; not shared custody -- share is 80/20 (80 to me). I have a great job waiting for me in NJ that pays twice what I'm making now, plus unbeatable benefits (I have NO benefits now). The mediation went badly. The mediator recommended against the move away but his opinion was not based on law. He merely said it would make it too difficult on the father because he would have to get childcare for my daughter when she visited. He also mentioned that I am involved in a "frivolous" relationship, which is untrue. I have been involved with the same man for 1-1/2 years and we are discussing marriage. He also said that he fears I will attempt to frustrate visitation because I sent my daughter to visit her grandparents for 3 weeks (which he knew about) but I didn't give him 30 days' notice because I didn't realize I had to give him 30 days' notice. What do you think my chances are?


Asked on 7/22/99, 1:34 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Move Away Issues

Since you live in California now, your answer would be based on California law. You need to discuss this with a California lawyer, knowledgeable in the area of Family Law. I would suggest that you call our LawGuru host, Eslamboly and Barlavi and discuss it with them. Good Luck!

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Answered on 8/02/99, 2:31 am


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