I have sole physical and legal custody of 16 year old son who has not been following rules at home and now wants to live with father in NJ and I live in FL. Non custodial father just started paying child support 3 years ago. Does he need to go to court in order to live with my 16 year old?
Divorce / Separation Lawyer
You do not need to terminate your parental rights just because the child is going to live with the other parent in a different state. In fact, assuming you still want to be part of your son's life, you should work with the other parent to reach a written agreement concerning what arrangements will be made for you to have timesharing with your child. When this timesharing will occurr, who will pay the cost of transportation, where the child will be picked up and dropped off, the amount of child support and manner in which it will be paid, FL maintaining jurisdiction and parental responsibility are examples of what you may want to include in such an agreement. This does not necessarily mean you have to do this through the court system, if you both agree. It is probably in your best interest that this is done through the court system to protect your rights as the mother. I suggest you consult a local Family Law attorney to discuss your options and other items you may want to include in such an agreement. Good luck.