Legal Question in Family Law in New Jersey

I share joint legal custody with my sons father and I have residential custody. I am looking to relocate to Florida in 8 months I have a house down there, already picked out a school for my son, also have been looking for employment being as though I cannot transfer my employment out of the state. Our sons father told me that I cannot move with our son out of state because he says so. His visitation are currently every other weekend and Wednesday until Thursday because I requested the extra day. Hes only off of work on Sunday and Wednesday and sometimes takes my son into work on Wednesdays to finish up some work. I just need to know can I or can I not relocate from New Jersey to Florida with our son? Our situation is a bit touchy right now because of allegations our son has made with people in dads house that I was recently informed of by my son and I contacted the authorities. My son is currently 8 and fears dad but no one seems to do anything. I want to keep him safe and I think that finally moving to Florida with him is in the best interest of my child. Can you please give me some feedback on what i should be doing to relocate and can I or can I not relocate with joint custody though I have residential.


Asked on 6/08/12, 11:11 am

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Sounds like now might be the time to file a motion which is what you need to do. Removal motions are very fact sensitive. Handling this without an attorney could be tough since it is likely that you don't know what you are doing (hence your question). There are over a dozen legal issues that you need to handle in order to have a good motion. Call my anytime at 732/773/2768 to discuss your case and how we can help you.

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Answered on 6/09/12, 4:39 pm


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