Legal Question in Family Law in New Jersey
can unfit mom relocate my child?
my daughter is 6 years old and her biomom is very unstable. Over the past six years she dropped her off for days even months at at time with whoever she can find.Every time she is ''having difficulties in her life'' she drops off my daughter all these places.A year and a half ago she took my daughter out of state and left me no contact info at all(there was not a custody agreement at this time) After months of doing my own investigating I found my daughter in the same town I live in but living with her grandmother. My daughter's mother resides in NJ and has married a drug dealer from another country who is on the run. My daughter has told me that her mother is moving her to Puerto Rico at the end of this year to be with her husband. I filed for a custody concilation two months ago. A visitation schedule was set up by the court in PA where my daughter resides with her grandmother in my town but she is allowed to travel to NJ to see her mother. I receieved papers for a relocation trial yesterday. My daughter's mother is trying to relocate her to NJ suddenly but a month ago she wasnt stable enough to have her there(she said this in court) I am afraid she is really trying 2 take my daughter to puerto rico. What can I do?
2 Answers from Attorneys
Re: can unfit mom relocate my child?
If the mom is unfit, and you are concerned about your daughter's well-being, why haven't you petitioned the court for residential, if not, sole legal custody of your daughter? Contact an attorney asap before your daughter is taken out of state.
Ana P. Esteves
Re: can unfit mom relocate my child?
I am not certain that your situation can be heard in a New Jersy court. It seems that all the court action was in Pennsylvania.
I would think that you apply to the court in Pennsylvania to change custody and to prevent the mother from further depriving you of visitation by taking the child to Puerto Rico.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com