Legal Question in Family Law in New Jersey

Re: moving out of state

Hi,

I have read the other responses. I agree with Mr. Moore. You can move now since there is not a court order in place. However, until you are in Boston for a period of time (I am not sure of the law in Mass. but typical residence requirements range from 3 months to 1 year) you will be open to having the father file in New Jersey and having to defend an action in New Jersey while living in Boston.

The best course of action would be to file for custody, and then file a motion to relocate to Boston. An experienced lawyer can help you with the complaint and motion.

Please call my office if you would like to schedule an appointment. My contact information can be obtained from the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: moving out of state

The lack of an order granting custody and setting a schedule of visitation your moving would not be in violation of court order granting custody and a visitation schedule.

The problem is that without a custody order you would be unable to allow the father visitation

without chancing that he might simply keep the child in New Jersey giving rise to a custody

court hearing in New Jersey.

I believe that you must file a custody complaint with the Court immediately, obtaining residential

custody of your child and authorizing your moving because of whatever advantage there is in

your moving to Boston.

You might give me a call.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: moving out of state

Yeah, you have to do this the right way. You do not need an attorney to do this, but it would really help since court's generally do not like to seperate families with such great distance. While he hasn't paid child support, there was nothing preventing you from going to Court to ask for it. Thus, if he puts up a fight, and the Judge isn't very fond of you, you may have a tough time. If you have an attorney to articulate the facts and the law that are on your side, you may be much better off. I don't imagine that this would be an expensive process. Call me at 732/247/3340 and we can discuss the specifics.