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  1. #1
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    Sep 2011
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    Default Custodial Parent Trying to Move Out of State, Non- Custodial Parent Disagrees

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

    I recently have a great opportunity come up and it involves relocation of not only myself and my child but my whole household. This relocation will help provide me with cheaper college, and better job opportunities for my household. I have Residential & Physical custody of the child. Unfortunately my child's father disagrees. He filed for temporary custody of my child a day after I brought this up with him. I also am filing for a Motion of Change or Enforce an Order in Your Case. I have less then a month and half before the move is happening. I do not know what will happen if I can not go when expected to go. I will have nothing, nor anywhere to stay. And leaving my child here is not a possibility.


    A little background about my child and her relationship with her father. My child will be four with weeks to come. Her father just recently met her about 8 months ago. Our parenting plan involves him coming to my residence one day a week for minimum of two hours, and pays $50.00 a week in child support. He can barley pay child support on time, and I usually just let it slide thinking I was doing the right thing. Then he started missing visits here and there, explaining he had just forgot today was his day to come see her. Instead of going back to mediation we decided that he can come two days a weeks for supervised visitation. That was about 4 months ago. He has never once come back a second time in the week, and he tries to blame that on I when I have asked to join us on park visits ect. More or less there is a base relationship but she is not very happy when I tell her he is coming. I know it's just because if the age she is going threw and I just keep working on it with her.

    So my question really is, With the Non-Custodial parent not in agreement What are my chances of being stuck in NJ?

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Custodial Parent Trying to Move Out of State, Non- Custodial Parent Disagrees

    With Dad having such limited visitation to begin with, I think he'd have a good chance at preventing your daughter from being relocated. The court will basically want to do as much as they can to encourage the relationship.

    Could you please clarify what you mean when you say "my household"? Because really, you're the only person who matters. A boyfriend, fiance, brother, sister, new husband - they don't matter at all (unless you're married and your husband is military).
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Sep 2011
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    Default Re: Custodial Parent Trying to Move Out of State, Non- Custodial Parent Disagrees

    The limited visitation is more on his terms. I understand what you are saying but it is his choice to be more Involved but doesn't. Also, household meaning my mother and brother which are my support system. They are helping me Financially. I am in process of still getting out of debt.

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Custodial Parent Trying to Move Out of State, Non- Custodial Parent Disagrees

    He's recently filed for custody though - that tells the court that he intends to become a much bigger part of your child's life.

    Relocating at this point might be seen as a clear attempt at taking the child away from him.

    Where would you be moving to? With whom? Are you working?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Sep 2011
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    4

    Default Re: Custodial Parent Trying to Move Out of State, Non- Custodial Parent Disagrees

    Filed for temp custody to prevent from leaving state.

    Moving to az, with mother and brother. I am working two part time jobs.

    I also appreciate your replies.

  6. #6
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Custodial Parent Trying to Move Out of State, Non- Custodial Parent Disagrees

    I honestly think you need to have a chat with an attorney. BEFORE you move.

    Dad is obviously against the move - are you willing to sweeten the pot? Offer to pay for all transportation costs? Even if that means HIS plane tickets, too?

    If he doesn't agree, I think you have a serious uphill battle. Dad has only recently become reintroduced to his child and he is, at least in the eyes of the court, attempting to remedy his prior absence. The court is going to be very reluctant to hinder that.


    (You're very welcome, by the way - and thank you. So very often, we can't tell posters what they want to hear and we sometimes end up getting yelled at and having to sigh heavily )
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
    Join Date
    Sep 2011
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    4

    Default Re: Custodial Parent Trying to Move Out of State, Non- Custodial Parent Disagrees

    Yeah I am going to speak with one. I've tried to offer all different Accommodations to maintain the relationships and offered alot except flying the child back to NJ to see him. It hits hard because he just became apart of her life and I don't want to hurt her in the process.


    And I appreciate the answers. Some people just can not handle the truth, and take it out on the people or who are just trying to help them. But thank you again.

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