Legal Question in Family Law in New Jersey

Visitation and forced relocation

My son's father lost his visitation in Jan 07. He's now seeking visitation and wants me to bring the child back to NJ, permanantly. We currently reside in MD with my husband and new baby. Is it possible for the courts to force us to move back to nj? Should this case be moved to MD? Can I file for full custody at this time as well. The bio father has not been involved with my child's life (ie. education, doctor visits etc) even when we lived a block away?


Asked on 9/24/07, 12:59 pm

4 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Visitation and forced relocation

You clearly need a New Jersey lawyer to fight for you. What county is the court action in? Find a lawyer who is located in that county or near it, who does a LOT of divorce work.

You may not have been in Maryland long enough to put it into court there.

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Answered on 9/24/07, 1:09 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Visitation and forced relocation

I'm a little confused here? Who let you go to MD in the first place? If you did so on your own, without court order, then he can at least bring you to court and force you to go through a custody hearing. I agree with Mr. Davies, its time to give a call to an attorney.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 9/24/07, 1:24 pm
Gary Moore Gary Moore Attorney At Law

Re: Visitation and forced relocation

I need to know all of the facts and circumstances of your moving to Maryland to properly answer your question. You should give me a call.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 9/24/07, 1:28 pm
Salvatore Principato Salvatore Principato, Attorney at Law

Re: Visitation and forced relocation

What do you mean as far as he "lost" custody? By court order? As my distinguished colleague pointed out, there is a requirement to get permission to leave the State of NJ before doing so generally. Generally, a new state becomes the home state after six months under the UCCJA. Has the child's biological father filed for return in NJ? I agree with my colleague that more information is required. I agree that you need a lawyer fluent in such matters in the NJ county area where the matter originated. If there is an order awarding you custody, the threshold is not as great for you. Please contact me if you wish to add details for better assessment.

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Answered on 9/25/07, 10:02 pm


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