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

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

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. 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 the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


  2. 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 offered for informational purposes only. You should not relay any confidential or priviliged material in this public forum. You should not rely on this post as legal advice. In order to obtain a more comprehensive answer to your question you should consult with an attorney of your choosing.


  3. 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 general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.


  4. 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.


  5. 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 information only. You should consult an attorney for advice regarding your specific situation. We invite you to contact us and welcome your calls, letters and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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