Custody question and safety of area custodial parent moved to

Asked about 1 year ago - Summit, NJ

My ex wife is custodial parent of our 5 children. i see them once a week and every other weekend. she moved out of the marital home to a jersey shore town that is basically filled with bars and the party life for her needs. the crime is high there and the kids are unsupervised. i dont feel safe where they live nor do i fee as if she is doing her best to keep them safe. i feel her motives are to party. is there anything i can do to get them a judge to make her move? i pay her a lot a month so she can afford to live in a better place and she works full time.

Attorney answers (3)

  1. Aneliya M. Angelova


    Contributor Level 18


    Lawyers agree

    Answered . I don't think a judge will make her move based on the facts above but you can file a motion to modify the child custody order, so you can spend more time with your children in a safer area. Please note that if you believe that the children may be subjected to some immediate irreparable harm, you can always file an order to show cause. If you think she neglects the children or places them in an unsafe conditions, contact DCPP.

    This answer is for informational purposes only and should not be construed as legal advice.
  2. Amy B. Hansel

    Contributor Level 13

    Answered . In order to have your custody arrangements examined by a judge, you will have to prove a substantial change in circumstance. Her move could be considered that substantial change in circumstance in order to revise your parenting time but I do not think the circumstances rise to the level for a change in custody. On the other hand, if the children are not doing well in their new school or are in some other way substantially negatively impacted by the move, you may have a case.

  3. Stephen Ross Cohen

    Contributor Level 20


    Lawyer agrees

    Answered . You better hop[e the judge knows the areas and feels the same way you do.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Legal custody

Legal custody of a child means that a parent has legal authority to make religious, medical, or other significant decisions that affect a child's upbringing.

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