Legal Question in Family Law in New York

Custodial parent relocating

I was divorced in New Jersey. I have joint legal custody with my ex-husband who still lives in NJ. I have residential custody of our son and live in New York. Our divorce agreement says nothing about relocating or moving away. My father is relocating to Virginia and I want to go as well. My father is the person who helps out primarily with my son. His father has been in and out of his life and sporadically sees him now, maybe once a month or once every 2 months. Do you think I will have a problem moving with my son?


Asked on 5/11/03, 10:01 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Custodial parent relocating

your question is a good one and has a definite and simple answer. since a NJ court established custody and the custody conditions, only a NJ court may change them. you need a NJ lawyer.

that NJ lawyer can 'petition' the NJ court to allow you to bring the child to the new state, Virginia. Your chances of success are good, but not 100%. The grandfather's active assistance in childcare is a big positive. you are welcome to a consultation for no charge at my office at 42 west 44th st, ny,ny please call for an appointment first. 646-591-5786

Read more
Answered on 5/11/03, 7:14 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York