Legal Question in Family Law in New Jersey
Can ex wife move children far away
My ex wife has threatened to move hours away from me when our marital home is sold. I don't drive and presently get my children 2 days every week and every other weekend. This woman has been in treatment for mental health issues for the past 13 years, she is presently on several medications and is in treatment. Will the court allow someone to move and create such a burden on the other parent without taking into consideration that she will have no immediate support system in place in her new area. She has been making attempts to distance me from my children recently and I am considering getting DYFS involved due to some chaotic behavior she is exhibiting in her decision making as primary caregiver. I would also like your opinion of my attempting to take custody of the children. I am gainfully employed, 2+ years sober and as involved in the childrens lives as I possibly can. Please help.
3 Answers from Attorneys
Re: Can ex wife move children far away
You can go into court and get a judge to restrain her from moving with the children since it appears her purpose in moving is to deny your visitation with your children.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Can ex wife move children far away
It sounds like custody is still up in the air and needs to be dealt with. And since you want custody, you should file a motion for custody. I think it goes without saying that there is a bias favoring women getting custody. The Court should order a Best Interests Evaluation and then there will be a hearing if you contest the recommendation. Of course, if you do not get custody, you will have to pay child support as well. I would also need more information about why she is moving so far away to judge what the court would say about that, but unless she can show some compelling circumstances, I don't see the court allowing it.
These situations are real tough without a lawyer, so I suggest you retain one right away.
Jef Henninger
www.jackventurilaw.com
New Brunswick, NJ
Re: Can ex wife move children far away
I have read what the other attorneys wrote.
You need a lawyer immediately. You will have to take action to stop this, and you will need solid legal advice concerning custody. Your situation and your children's situation is awful and seems like it is about to get much worse.
No advice on this bulletin board will assist you. You need a lawyer. Please do not try to do this on your own. You will likely not succeed. An attorney can greatly improve your chances of success.
If you would like, give me a call to set up an appointment; 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.
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