If there is a possibility that Mom won't object to move (because, for example, Dad offers to pay for all transportation costs to get the kid up to NY a few times a year, accepts a reduced amount of child support, offers to arrange for frequent face time, etc.) you may want to explore possibility of entering into a written custody/parenting time agreement before filing anything in court. Mom may be less suspicious (and therefore less inclined to fight the move) if they "ask questions now, shoot later" (work out an agreement before involving the court). If an agreement is reached and signed, then Dad can just file an FD complaint and ask that the agreement be incorporated into a court order.
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Lisa M. Radell, Esq.
207 South Main Street
Cape May Court House, NJ 08210
Phone (609) 465-9910
Fax (609) 465-9920
E-Mail
[email protected] -------------------------------------------
Original Message:
Sent: 05-23-2014 10:27
From: Gabrielle Strich
Subject: Children and relocation
Yes, if there is no objection and the father has a good reason like here, the Court will allow the relocation. It may require an altered visitation schedule to accommodate the change in location.
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Gabrielle Strich Esq.
Kingston NJ
(609)924-2900
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Original Message:
Sent: 05-22-2014 11:39
From: Larry Raiken
Subject: Children and relocation
This message has been cross posted to the following Discussions: Solo and Small Firm and Family Law .
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I have a client who is the father of a child who resides with him. The mother lives somewhere in New York. there are no custody orders in place a s neither parent has ever filed for custody. The fathers parents are relocating to North Carolina and he would like to go with them along with the child. My advice is that he first needs to get an order naming him the custodial parent and then file an application with notice to move the child to North Carolina . The father currently lives with his parents and will continue to do so. If the mother does not raise any opposition to either the custody or the relocation will the court order same.
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Larry Raiken Esq.
Montville NJ
(973) 808-2003
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