A few years back, I tried a case wherein mother wanted to move with the child to Virginia so that her then fiance (and father to her second child) could take a job, claiming that there were better financial prospects for the fiance in VA and that his family was there to support them, including providing them a free place to live in a rental home.  She certified that it would have no impact on my client's parenting time because she would continue to bring the daughter to him every other weekend.

Immediately after moving, the job the fiance had fell through, although he has obtained a new job now.  Mother also stopped bringing the daughter on Friday nights because it was too difficult on her, so the parenting time because Saturday at 10 AM through Sunday at 5 PM, due to the drive time, etc.  Often, they would miss weekends because of the fiances' work and/or car trouble and the like.  

I want to file an application to enforce litigant's rights, but I am also considering as alternative relief a demand to transfer custody to Father and bring the child back to NJ.  Mom basically told the Court what it wanted/needed to hear to grant the request and had no intention of following through on those promises.  She has no internet at the house, so the child cannot use the Ipad my client bought her to FaceTime nor will the mother agree to have the child get her own cell phone so my client often misses his mandated phone calls because he has to call the mother and she fails to answer.

Obviously there is a lot of literate and case law regarding the application to remove the child.  I am not, however, finding anything on making an application to return the child if the initial application was on false pretenses and/or based upon a Court's finding that parenting time would not be impacted, which has proven untrue.  

Any thoughts on likelihood of getting the child returned to NJ in this situation?

------------------------------
David Cardamone Esq.
Miller & Gaudio
Red Bank NJ
(908)310-4395
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Original Message------

A few years back, I tried a case wherein mother wanted to move with the child to Virginia so that her then fiance (and father to her second child) could take a job, claiming that there were better financial prospects for the fiance in VA and that his family was there to support them, including providing them a free place to live in a rental home.  She certified that it would have no impact on my client's parenting time because she would continue to bring the daughter to him every other weekend.

Immediately after moving, the job the fiance had fell through, although he has obtained a new job now.  Mother also stopped bringing the daughter on Friday nights because it was too difficult on her, so the parenting time because Saturday at 10 AM through Sunday at 5 PM, due to the drive time, etc.  Often, they would miss weekends because of the fiances' work and/or car trouble and the like.  

I want to file an application to enforce litigant's rights, but I am also considering as alternative relief a demand to transfer custody to Father and bring the child back to NJ.  Mom basically told the Court what it wanted/needed to hear to grant the request and had no intention of following through on those promises.  She has no internet at the house, so the child cannot use the Ipad my client bought her to FaceTime nor will the mother agree to have the child get her own cell phone so my client often misses his mandated phone calls because he has to call the mother and she fails to answer.

Obviously there is a lot of literate and case law regarding the application to remove the child.  I am not, however, finding anything on making an application to return the child if the initial application was on false pretenses and/or based upon a Court's finding that parenting time would not be impacted, which has proven untrue.  

Any thoughts on likelihood of getting the child returned to NJ in this situation?

------------------------------
David Cardamone Esq.
Miller & Gaudio
Red Bank NJ
(908)310-4395
------------------------------

I believe that the case stays in NJ as long as one parent lives there. This is the case at least until there is an application for change of venue.
Thus, a new state is prohibited from modifying a custody determination made by an original decree state unless the original decree state has determined that it no longer has exclusive, continuing jurisdiction or the new state has decided is it a more convenient. The new state is not authorized to determine whether the original decree state has lost its jurisdiction; only the original decree state can make that determination. The only exception to this is when the new state finds that the child, the child's parents and any person acting as a parent no longer reside in the original decree state.

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Cara A. McCafferty, Attorney at Law
975 Route 73 North, Suite A
Marlton, New Jersey 08053

Tel: (856) 596-9000
Fax: (856) 596-5511
[email protected]
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Original Message:
Sent: 04-20-2017 15:06
From: Patsyann DiGiacomo
Subject: Return Child To NJ After Court Grants Relocation

Dear David:

 

    It is very hard to change custody of the child and as long as your client realizes that at the beginning of the case, he will have a good outcome.  About ten years ago, I had a case whereby I wanted to transfer custody to the father.  Both parents lived in NJ.  My client lived in North NJ and the mother lived in South NJ.  The judge gave me everything I asked; but, he did not transfer custody to my client, the father of the child.  He did however change the parenting time.  In your case, I believe you have to bring the case in Virginia since that is the State of primary residence.  Also, I think it would be more advantageous if you ask for a more comprehensive Parenting Time, that is, ask for a month in the Summer, Spring and Winter breaks and one or two weekends a month with the child.

 

     In my case, the father at the end of matter still wanted primary custody of the child and as a result lost his joint custody privileges.   

 

 

A few years back, I tried a case wherein mother wanted to move with the child to Virginia so that her then fiance (and father to her second child)... -posted to the "Family Law Section" community

Family Law Post New Message Online   Post New Message Return Child To NJ After Court Grants Relocation Reply to Group Online Reply to Group Reply to Sender Apr 20, 2017 12:11 PM David R. Cardamone, Esq A few years back, I tried a case wherein mother wanted to move with the child to Virginia so that her then fiance (and father to her second child) could take a job, claiming that there were better financial prospects for the fiance in VA and that his family was there to support them, including providing them a free place to live in a rental home.  She certified that it would have no impact on my client's parenting time because she would continue to bring the daughter to him every other weekend. Immediately after moving, the job the fiance had fell through, although he has obtained a new job now.  Mother also stopped bringing the daughter on Friday nights because it was too difficult on her, so the parenting time because Saturday at 10 AM through Sunday at 5 PM, due to the drive time, etc.  Often, they would miss weekends because of the fiances' work and/or car trouble and the like.  I want to file an application to enforce litigant's rights, but I am also considering as alternative relief a demand to transfer custody to Father and bring the child back to NJ.  Mom basically told the Court what it wanted/needed to hear to grant the request and had no intention of following through on those promises.  She has no internet at the house, so the child cannot use the Ipad my client bought her to FaceTime nor will the mother agree to have the child get her own cell phone so my client often misses his mandated phone calls because he has to call the mother and she fails to answer. Obviously there is a lot of literate and case law regarding the application to remove the child.  I am not, however, finding anything on making an application to return the child if the initial application was on false pretenses and/or based upon a Court's finding that parenting time would not be impacted, which has proven untrue.  Any thoughts on likelihood of getting the child returned to NJ in this situation? ------------------------------ David Cardamone Esq. Miller & Gaudio Red Bank NJ (908)310-4395 ------------------------------   Reply to Group Online   Reply to Group via Email   Reply to Sender Online   View Thread   Recommend   Forward   You are subscribed to "Family Law" as [email protected]. To change your subscriptions, go to My Subscriptions. To unsubscribe from this community discussion, go to Unsubscribe.

Original Message------

A few years back, I tried a case wherein mother wanted to move with the child to Virginia so that her then fiance (and father to her second child) could take a job, claiming that there were better financial prospects for the fiance in VA and that his family was there to support them, including providing them a free place to live in a rental home.  She certified that it would have no impact on my client's parenting time because she would continue to bring the daughter to him every other weekend.

Immediately after moving, the job the fiance had fell through, although he has obtained a new job now.  Mother also stopped bringing the daughter on Friday nights because it was too difficult on her, so the parenting time because Saturday at 10 AM through Sunday at 5 PM, due to the drive time, etc.  Often, they would miss weekends because of the fiances' work and/or car trouble and the like.  

I want to file an application to enforce litigant's rights, but I am also considering as alternative relief a demand to transfer custody to Father and bring the child back to NJ.  Mom basically told the Court what it wanted/needed to hear to grant the request and had no intention of following through on those promises.  She has no internet at the house, so the child cannot use the Ipad my client bought her to FaceTime nor will the mother agree to have the child get her own cell phone so my client often misses his mandated phone calls because he has to call the mother and she fails to answer.

Obviously there is a lot of literate and case law regarding the application to remove the child.  I am not, however, finding anything on making an application to return the child if the initial application was on false pretenses and/or based upon a Court's finding that parenting time would not be impacted, which has proven untrue.  

Any thoughts on likelihood of getting the child returned to NJ in this situation?

------------------------------
David Cardamone Esq.
Miller & Gaudio
Red Bank NJ
(908)310-4395
------------------------------

Original Message------

How old is the child? What is "a few years" since the application was made? What is the impact on the move to the child? I think taking steps  for better time with dad might be the best way to nurture the parent-child  relationship as mentioned for long weekends, school breaks, summer.

 

ANNA-MARIA PITTELLA
ATTORNEY/COLLABORATIVE FAMILY PRACTITIONER/ACCREDITED MEDIATOR
WITHOUT LITIGATION guidance or representation in transitions relating to divorce, separation or other family matters, real estate, social security disability, small business disputes and estate planning
55 No. Bridge Ave. Ste 1, Red Bank NJ 07701
Ph. (732) 842-6939  Fax (732) 842-6775
Please visit my website at www.Pittellalaw.com
NOTICE: This e-mail and any attachments is privileged or confidential and only intended for the recipient and others authorized to receive it. If this e-mail was sent to you in error, please notify me immediately by either reply e-mail or by phone at 732-842-6939. Do not disseminate, retain, print or copy the e-mail or its attachment since it is strictly prohibited and may be unlawful.. You will be reimbursed for any reasonable expenses associated with destroying this e-mail and its attachments.

 

 

Original Message------

A few years back, I tried a case wherein mother wanted to move with the child to Virginia so that her then fiance (and father to her second child) could take a job, claiming that there were better financial prospects for the fiance in VA and that his family was there to support them, including providing them a free place to live in a rental home.  She certified that it would have no impact on my client's parenting time because she would continue to bring the daughter to him every other weekend.

Immediately after moving, the job the fiance had fell through, although he has obtained a new job now.  Mother also stopped bringing the daughter on Friday nights because it was too difficult on her, so the parenting time because Saturday at 10 AM through Sunday at 5 PM, due to the drive time, etc.  Often, they would miss weekends because of the fiances' work and/or car trouble and the like.  

I want to file an application to enforce litigant's rights, but I am also considering as alternative relief a demand to transfer custody to Father and bring the child back to NJ.  Mom basically told the Court what it wanted/needed to hear to grant the request and had no intention of following through on those promises.  She has no internet at the house, so the child cannot use the Ipad my client bought her to FaceTime nor will the mother agree to have the child get her own cell phone so my client often misses his mandated phone calls because he has to call the mother and she fails to answer.

Obviously there is a lot of literate and case law regarding the application to remove the child.  I am not, however, finding anything on making an application to return the child if the initial application was on false pretenses and/or based upon a Court's finding that parenting time would not be impacted, which has proven untrue.  

Any thoughts on likelihood of getting the child returned to NJ in this situation?

------------------------------
David Cardamone Esq.
Miller & Gaudio
Red Bank NJ
(908)310-4395
------------------------------