Legal Question in Family Law in New Jersey

Moving out os state

I have a court order in the state of NJ for my 11 year old child, where her father and I share joint custody. I moved out of NJ to NY 3 years ago with his permission.(I never transferred the case to NY) She resides with me and he has her every other weekend. My child's support does not exceed $4,000 a year. I am married now for 8 years and I have 3 other children. My husband and I have been discussing moving 18 hours away from my daughter's father. We feel that all of our children would have a better life else where. As things in NJ and NY are getting extremely expensive with 4 children and hard to maintain. I also have family in the other state willing to help with my children so I could go back to work or school..I have no help in NY at all!! I have asked my child where she would like to live and she wants to move. I can not talk to her father it's his way or no way....WHAT ARE MY RIGHTS???

*I need a lawyer but can not afford a small fortune*


Asked on 3/11/07, 9:47 pm

3 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Moving out os state

Since NJ issued and entered your Child custody visitation Order, prior your move to NY, NJ retains jurisdiction over these issues.

And, as indicated, your Petition to Modify terms or conditions of your custody visitation Stipulation or Order, for "good cause" must be filed in NJ.

Good luck,

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Answered on 3/14/07, 9:12 pm
Gary Moore Gary Moore Attorney At Law

Re: Moving out os state

Your reasons for moving seem reasonable, but the father has a right to object to it. You will have to apply to the Court for an Order authorizing your move and demonstrate that there is a substantial degree of necessity for the move and that you are not attempting to deny visitation.

Call me if you like to discuss what you think is small fortune.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 3/11/07, 10:15 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Moving out os state

As Mr. Moore said, you will have to file a motion with the court. I don't think that this should cost a small fortune, but then again that is all relative.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 3/11/07, 10:48 pm


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