Visitation Rights After a Child Moves Out of State
My question involves a child custody case from the State of: New Jersey.
My ex-wife just brought it to my attention she is planning to move out of state with our daughter because of her financial constraints, the excuse is not good enough and based on my research going to court to stop her move may not help my financial situation. She has not disclosed which state but currently we are leaving in New Jersey. My concerns are as follow.
1. Who should be responsible for daughter transportation to visit me during summer?
2. Can I give condition her to send the child to me base on my availability?
3. Should I be responsible for aftercare in the state she is moving to?
4. Although divorce decree did not mentioned anything about moving, should I Putin paper to modify my every other week visitation if we eventually agreed on her moving?
Re: Moving Out Out of State
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okearin1
My question involves a child custody case from the State of: New Jersey.
My ex-wife just brought it to my attention she is planning to move out of state with our daughter because of her financial constraints, the excuse is not good enough and based on my research going to court to stop her move may not help my financial situation. She has not disclosed which state but currently we are leaving in New Jersey. My concerns are as follow.
1. Who should be responsible for daughter transportation to visit me during summer?
She is creating the distance, so she should be responsible for transportation for visitation.
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2. Can I give condition her to send the child to me base on my availability?
You will need to re-ask this question because I am unclear as to what you are asking.
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3. Should I be responsible for aftercare in the state she is moving to?
Yes, that would not change.
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4. Although divorce decree did not mentioned anything about moving, should I Putin paper to modify my every other week visitation if we eventually agreed on her moving?
Yes, visitation should be modified to a long distance plan, based on the actual distance.
Re: Visitation Rights After a Child Moves Out of State
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okearin1
Who should be responsible for daughter transportation to visit me during summer?
While it is possible for the court to order the parent who relocates to bear the cost of travel, if you don't reach an agreement the court can consider the relative burden as well as ability to pay when determining how costs should be divided. Distance is a factor -- there's a huge difference between, for example, moving from Camden to Philadelphia, as compared to moving to Texas, Hawaii or Japan.
Re: Visitation Rights After a Child Moves Out of State
Suggestions....unless you get on top of the situation under the steps set forth in NJ you may find it exceedingly difficult and costly to get what you think resents the childs best interests and reasonable visition rights in place . And in particular if the move represents huge time and costs to visitation you may find it near impossible to add back those times and costs to her side of they are not already in the order. And if you do a private deal and she fails to honor same you may find it exceedinly difficult to enforce performance if she resides out of state.