Hightstown, NJ asked in Child Custody and Divorce for New Jersey

Q: My x is leaving the US, can I get full custody of my daughter? I don't know if he is coming back

My ex husband sold his house and is leaving the country am I able to fight for full custody/parenting rights of her until she is 18? According to our court papers he is supposed to take her evey wednesday night (over night) and hasn't done that in 3 years, hes missed other days of taking her, she doesn't want to go there at all. When she does go there she gets sick and he brings her home. What can be done, if anything.

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3 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Divorce Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: Although you cannot terminate his parental rights, you can retain an experienced matrimonial attorney to make a motion to make you the primary custodial parent with full decision making authority and seek to have restraints on her leaving the country absent your consent.

Bari Weinberger
Bari Weinberger
PREMIUM
Answered
  • Divorce Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. When one parent moves to another country, there would likely be good cause for the parent remaining in the United States to have sole residential custody, especially if the other parent has not been exercising parenting time. The key factor to modifying an existing custody/parenting time order is to demonstrate a change in circumstances. Without your ex’s consent to change the existing court order, you would need to file an application with the court and you should consider consulting with an attorney to learn about how representation can benefit you.

Richard Diamond
Richard Diamond
Answered
  • Divorce Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: 1. Your ex has told you or suggested to you that he is leaving the U.S.

2.Under the terms of your agreement, your ex had every Wednesday overnight for parenting time purposes but has not exercised his entitlement in the past 3 years

3. Your ex and your daughter currently have a conflict and as a result, he is uncomfortable / unable to address her issues and therefore he brings her back early from his remaining visits.

I presume that your divorce agreement says that you and your ex are to maintain a "joint legal custodial relationship with you designated as the primary custodial parent" and since he is not involved in your daughters life, you are angry at him and want to change the wording to give you sole custody of your daughter so that you dont have to discuss anything with him any longer concerning her health, education and welfare.

Based on your description, it doesnt seem as if he is actively involved in the decision making process nor challenging your decisions.... so why spend the money to go to court and to potentially have him raise an issue?

Unless the setting is different or you want to go back to court to recalculate child support ( since he does not have the overnights set forth in the agreement), im not sure its worth while doing so based on the limited information supplied.

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