Legal Question in Family Law in New Jersey

Have a stepchild and need to move out of state for work

My family and I (wife, stepdaughter, and my son) may need to move to a different state (NJ to Fla) due to my finding better employment opportunity. My wife is a stay at home mom, my stepdaughter is 7 years old. My wife feels that if we move she will lose her daughter to her father who will probably fight for custody. The move will be better for our family. My question is, If we are moving for all the right reasons will we lose custody of my step-daughter? I don't care about the child support payments because we will be able to live without them.


Asked on 7/28/05, 2:50 pm

3 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Have a stepchild and need to move out of state for work

For your stepson to move to an out of state residence on a permanent basis

the other parent's consent or a court

order authorizing the move must be obtained.

You reason for moving seems reasonable and not an attempt to deny the other parent visitation and should be allowed by the Court.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 11/24/06, 4:23 pm
Robert Davies The Davies Law Firm, P.A.

Re: Have a stepchild and need to move out of state for work

Your family need NOT be broken up by the move to Florida. Your wife has the legal rights here, as she is the girl's mother, and you are not a blood relative. your wife needs to see a decent divorce attorney to plan this, before leaving the state of New Jersey. She may need to file a motion seeking Court permission for the move (a "Holder" hearing, named after the court case where this was first done). If I can help, contact me at 973-890-0400.

Bob Davies, Attorney At Law

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Answered on 7/28/05, 3:01 pm
Gary Moore Gary Moore Attorney At Law

Re: Have a stepchild and need to move out of state for work

Your wife will have to apply to the court for permission to move out of state. If she has a good reason for moving the court will approve the move with her child. Give me a call.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 7/28/05, 3:52 pm


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