Q: I have joint legal custody but visitation is every other weekend. Can I motion the court for more time and to move out o
the state at the same time, due to a job offer/possibility in the other state? I was divorced 7 years ago but parenting time was split 60/40, the 40% going to me. I was forced to give that up about a year and a half ago. I have been unemployed for over 6 months, cannot find a job in N.J., have medical issues the severely limit my options as far as a job, but have an offer for a good job in Florida that meets the criteria of what I can do as far as work. I am a good father who wants to be in my children’s lives, and always have.
A: You are free to move without needing permission of the court. Only when the child is moving is permission needed. If you are moving to Florida the current schedule would need to be changed, usually coincing with school vacations and holidays and for longer than just a weekend. You would benefit from a consultation with and representation by an attorney to file for this with the court.
William N. Sosis agrees with this answer
A: The only issue might be getting more time with your children. If she objects you may need to get an attorney to negotiate a consent order that changes your current parenting-time agreement. Also, if she's vindictive, wants more money, or she's just intent on making your life difficult (many, many ex-spouses are) she may file a motion against you for increased support arguing that you now spend **less** time with the children since you've moved out of state. I've seen this happen too often.
A:
Thank you for your question. I know how worried you must be about the care and well-being of your children.
The short answer is yes. In New Jersey, all orders for custody and parenting time are subject to revision upon showing of a change in circumstances. In all cases involving custody and parenting time issues, the court must always determine the best interests of the children. The court must apply several factors to determine the best interests of the children while weighing the rights of both parents as well as the right of the children to continuing and frequent contact with both parents. It is important to protect your interests and have an experienced family law lawyer explain the various factors the court will consider to determine what parenting time arrangement are in your children’s best interest.
I hope this information was helpful to you.
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