Legal Question in Family Law in New Jersey
Splitsville
If I get divorced from my husband, does New Jersey law allow me to move to Florida with our 2 children (ages 3 and 8) ?????
3 Answers from Attorneys
Re: Splitsville
Assuming that you will obtain residential custody in the divorce your moving with the children depends upon a complex of factors. The most important question is whether your moving is for the purpose of depriving the father of visitation. If you have a good faith reason for moving, such as a better employment opportunity,
you should not have a problem.
You should call me to discuss the matter in greater detail.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Splitsville
The other attorneys are basically correct, you need a good reason to move to Florida (job, family, getting remarried, are reasons I have seen), and either he agrees or you ask the Judge for permission.
I see a much bigger problem: you have a couple of kids, this divorce will impact them huge, really change their lives. And you are doing this without an attorney. I know that lawyers charge a lot of money, but this really is important. I strongly encourage you to find a lawyer. I know of a low-cost subsidized legal service here in North Jersey. Call me if I can help, I try very hard to help people.
I am in northern New Jersey. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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: Splitsville
Due to the ages of the children, New Jersey law requires that you either have the consent of the non custodial parent or a court order permitting the move. If you already know when and where you're moving you should try to negotiate the issue as part of an overall settlement. Good luck.