Legal Question in Family Law in New Jersey

Moving out of state, No custody order in place!
I am the sing mom of two toddlers, one who is autistic. I would like to move to PA from NJ (due to the high cost of living here)and my ex has given me verbal permission yet he does not want to put it in writing. (I do have him tape recorded and in a prior letter he wrote me allowing me to move). Because of the violence and his past drug addictions, I am very reluctant to take him to court because I do not want him to file for unsupervised visits, right now he only sees the kids once a month supervised by ME. (he has been in rehab for the last six months and is getting out this june) their is NO custody order at all, and there was only once a 'temp' order in which he allowed me to live in NY. Long story. When I went to court for the final hearing (ex did not show) I asked that the case be dropped due to my fear that he would retain some type of unsupervised visits in the future, the judge dropped the case so now their is no current order at all. My move to the poconos would actually be CLOSER to him because he is living in North Jersey and I in south jersey. I would only be 100 miles away from him where now I am much farther than that. Is there anyway I can move without going to court over this? I have to move by sept.

Asked on 5/16/08, 8:01 am

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

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Re: Moving out of state, No custody order in place!

No, if he does not consent you must file a motion. I suggest you get an attorney for this.

Answered on 5/16/08, 8:39 am

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