My x has filed to relocate. we are in the midst of a trial to expand my parenting time.

Asked over 1 year ago - Hoboken, NJ

He wants to relocate with his new fiancee her child and our child 1000 miles away. since custody to him (2) years he has controlled the entire situation and done everything to alienate me from our childs surrounding. When custody was given the judge said it would be temporary. I am the primary attachment figure and was the primary caretaker for 5 yrs of the childs life. He falsified his trial testimony and did just the contrary, it has been a struggle even getting long weekends and holidays with him. His fiancess x husband lives in the place he wants to relocate thereby taking my child further away. He has sole custody but I am a very involved parent and there for every event concert every school activity. He has no support system in the new state. I have a full family here

Additional information

I have just found out that the parent asking for relocation and his fiancee have been speaking to the child about the move saying it is decided and asking the child how they feel. The child has showed unhappiness in this move. The relocating parent has not factored in baures case and has stated that employment is better in the new state which is 1000 miles away..there is no extended family, just the fiancee her child and the fiancee's x husband. The proposed parenting plan for me is 2 day visits in a month, the relocating parent will drive child to NJ to be with me sat from 9-6 no overnight and then sunday 9-3 and drive back...and 3 skype calls that will be monitored in a week. This is in bad faith I beleive, my full family is here and the child has lived with me for 5 yrs, 2 yrs ago custody was transferred. CAn someone help. Thanks

Attorney answers (5)

  1. Marina Ginzburg

    Pro

    Contributor Level 11

    Answered . Since the father has made the application to relocate, the burden to show that this is in goof faith and that the child will not suffer from this move will be on him. You would need to mount a very strong defense against it though. The use of experts in cases like these would be very helpful. ”. Baures v. Lewis goes into numerous factors that the father has to satisfy before the court may grant his request. You should contact an experienced attorney to help guide you through this process.

  2. Yolanda Navarrete

    Pro

    Contributor Level 20

    Answered . Courts are very liberal in allowing a parent to relocate. Google "Baures v Lewis". You need to fight back aggressively. You will need an expert's report to make your case stronger.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  3. Thomas S. Durst

    Pro

    Contributor Level 14

    Answered . Relocation cases are fact specific and you need to mount a strong challenge. The advice re: An expert is sound. You should consult with an attorney experienced in custody and relocation matters ASAP.

    This post is not legal advice and does not create a confidential attorney-client relationship. It is being... more
  4. Kenneth A White

    Pro

    Contributor Level 20

    Answered . While I cannot be certain what your questions is, in general it a party has "sole" custody his/her burden when making a relcoation application is not particulary high, i.e. he must establish that he has a "good faith" reason for the relocation and that the relocation would not be harmful to the child.

    All such matters are very case specific, accordingly, for relieable advice regarding your options, including securing significant, alternative parenting time, you shoudl consult with an experienced family law attorney.

    The Answer provided was based on the limited information provided, and represents information based on the law in... more
  5. Bari Zell Weinberger

    Pro

    Contributor Level 14

    Answered . As my colleagues have stated, relocation with a child is a complex matter and is dependent on all of the facts and circumstances involved in your matter. The link provided below offers some general information, but I urge you to consult with an experienced Family Law attorney who can review all of the facts and circumstances involved in your matter and advise you accordingly. Please do so as soon as possible, as it appears that time is of the essence! Best of luck to you!

    The information provided is not, nor is it intended to be, legal advice. This information is designed for general... more

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