Legal Question in Family Law in New Jersey

Moving Within The State - Can it Be Stopped?

My husband was divorced from his ex over 2 years ago. He did not obtain a lawyer - she did and her lawyer wrote up the papers. She had primary custody and he would have the children up to 4 nights a week and a day and night on the weekend - depending on her work schedule. (She works parties at night - nothing during the day)We live approx. 10-15 miles away. So it started out we had them the 4 nights and weekend - however this schedule became too much as she wasn't getting home until after 11:00 - then he would have to drive home. Now its is 3 nights a week and every other weekend.

Now she says she wants to move - either near her new boyfriend, or with him. She says its and hour away. This would limit my husband to only seeing the children every other weekend. The children are now 5 and 6 - but they have seen there father on this schedule since they first seperated. I know this will crush him as he really does live for his children. Is there any way to prevent this move? Or make her keep it within the same 15-20 mile radius? Are there any other arrangements that can be made?


Asked on 3/20/02, 9:32 am

2 Answers from Attorneys
Edward Weinstein Law Office of Edward R. Weinstein

Re: Moving Within The State - Can it Be Stopped?

Thank you for your inquiry.

If the ex-wife is moving an hour away, the father certainly has the right to have his parenting time adjusted in an appropriate manner. If she refuses to consent, then a post-judgment application to the Court will be in order.

As it would be my pleasure to speak to you regarding your potential divorce, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

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Answered on 3/20/02, 9:49 am
Drew Hurley Law Offices of Drew M. Hurley

Re: Moving Within The State - Can it Be Stopped?

Your husband may be able to stop his ex-wife from moving. If a Judge can be convinced that the move is not in the children's best interests then an Order may issue either preventing the move or ordering a change in the custodial status. A somewhat more likely outcome is a rearrangement of the parenting time to compensate for the lost weekdays. Please call me if you wish to discuss your situation further.

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Answered on 3/20/02, 9:51 am


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