Legal Question in Family Law in New Jersey

Re: ex spouse relocating

Please be advised that I have not been retained to represent you I am basing my response on the limited information supplied. However, if your ex-wife takes the child and moves away without your permission and without a Court hearing, she is technically kidnapping the child. For her to be able to move and retain custody of the child, she needs to petition the Court for a hearing related to custody and her proposed move. You could also petition the Court to prevent her from taking your child to California. The court uses several factors, the primary of which is the "best interest of the child." Your child's desires as to which parent to live with will also be considered. You are in a much better position than your ex-wife becuase you already have primary care and the child is in a stable environment where she has lived for a long period of time. Courts generally do not favor uprooting children from stable environments into unknown situations. Please do not act on any information supplied herein as I do not know all of the facts and I am simply provideing general information. If you wish to speak with me in greater detail, I can be reached at 908-537-7975.

GOOD LUCK!

Re: ex spouse relocating

You certainly have a substantial say in this matter, especially since you are the Parent of Primary Residence. There are many factors under current case law that a Court must consider before allowing this move. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. Feel free to call me for an appointment at 856-546-8010. Mention LawGuru and your first one hour consultation is free. Good luck! Rob Gleaner