Q: i currently live in NJ with my son, my whole family lives 45 mins away in PA, can I move back to PA?

A: You need to retain an experienced matrimonial attorney, to bring a Motion before the Court to obtain an Order which will allow you to move to PA. This can be decided by the Court on just a motion, or a full plenary hearing will be required. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

A: Hello, and thanks for asking your question, because it is a common one! I completely understand your desire to move back to Pennsylvania to be closer to family, especially since you are about to welcome another baby. But, I must caution you: if you think your child's other parent will fight your move, you are probably right, meaning that you are, unfortunately, going to have to get permission from the court.

With the new case that was just decided by the NJ Supreme Court, the parent wishing to move out of NJ with the child must show that the move is in the child's best interests. Before, a moving parent just had to show the move wasn't harmful, so it is definitely a little more of a stronger burden. Also, given that you and your child's father are close to actually sharing residential custody, the move may be seen by the court as an actual CHANGE in custody, because it seems unlikely that if you move, you could keep this same schedule.

Have you talked with your child's dad? Have you come up with a parenting time plan that you can offer him that comes close to making up the time if you move? Have you considered giving larger "blocks" of time such as more in the summer, holidays, school breaks? Of course, do not get too personal, here, but these are some of the questions that an attorney would ask in order to give you more specific advice.

I don't want you to lose hope that you will be able to move. In the end, moving 45 minutes away is not all that far. But, as the parent who wishes to move, you will have to show the court that it is indeed in your child's best interests. You mention a better school district: you are thinking along the correct lines! Gathering evidence about why the move is in your child's best interests should be one of your first steps.

Consider at least a consultation with a family law attorney, especially since the law in this area has recently changed. Many offer free consultations as we do. Hoping this was helpful and I wish you luck. Regards, Bari.