New Jersey Child Custody Modification to Obtain Primary Physical Custody

**Novice** · 02-10-2011, 08:35 AM

My question involves a child custody case from the State of: NJ

I have been divorced for approximately 2 years. My ex wife and I share joint legal custody, and she has primary physical custody. I have custody of my child approximately 1/3 of the time. I currently pay a relatively small amount of child support, due to our respective incomes, and the fact that I provide all medical benefits for my child. There have been no arrears of my support payments.

I am interested in petitioning for myself to have primary physical custody due to two factors:

1. Ex wife has recently announced her plans to remarry and move approximately 45 miles away from her current residence (still in state), in order to accommodate her childless fiancee. This would remove my child from close proximity to me, both sets of grandparents. The additional travel time that would be required in order for me to receive and drop-off my child to/from her mother and school will reduce my already limited parenting time, which I value tremendously. I feel that my ex wife is placing greater value on the needs/desires of her fiancee, than on our child's.

2. Ex wife's business travel has increased since our divorce, due to her accepting a new job, which is also a lengthier commute from both her current and proposed home locations.

I am seeking advice as to how I can proceed, and whether I have sufficient grounds for this petition.

Thank you!

**Dogmatique** · 02-10-2011, 01:14 PM

1. Not going to matter unless your current orders specifically prohibit her from relocating the child out of a specific area. The grandparents won't matter either. All she has to do is prove to the court that you'll still get kiddo as and when your order spells out, and it will become a non-issue.

2. Not going to matter at all.

Sorry - I don't think you have anywhere near enough to modify custody.

**ksmom** · 02-10-2011, 03:24 PM

How old is the child? If you add up having to change schools, leave community, friends, family, etc. with you being unable to be involved, you might have a chance...

**Dogmatique** · 02-10-2011, 03:29 PM

45 miles? I can't see it happening.

Jersey is pretty generous with move-aways. It's generally up to the non-relocating parent to prove why the move shouldn't happen (this is from personal experience).

NJ is also pretty contrary to many other States about the whole issue...most of the time the relocating parent has the burden of proof.