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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

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Attorney answers 5

Posted

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.

Posted

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.

Asker

Posted

what kind of an expert would this be, the x has indulged in alienating me from the childs surrounding since he gained custody.

Thomas S. Durst

Thomas S. Durst

Posted

If you feel that he is engaging in parental alienation then you need a custody expert experienced in alienation. It is an involved and expensive process but one that may be necessary to protect your parental rights. Sent from my iPad T. Sandberg Durst Lynch, Osborne, Gilmore & Durst, LLC 264 Nassau Street Princeton, NJ 08542 609-921-7770 (w) 609-921-7773 (f) 609-647-4630 (c) www.logdlawfirm.com<http://www.logdlawfirm.com>

Posted

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.

Posted

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.

Asker

Posted

pls could you tell me what kind of experts? they have already started discussing themove with the child with the proposed papers being filed last week, the child is confused

Posted

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.

Asker

Posted

Hi Barry Thanks we have spoken in the past and you have always helped me...this is great, what kind of experts would you recommend in such a case? the father has sole custody and ever since he was granted custody he has done everything to throw me out of my childs life, he has a fiancee who is pressuring thismove so she can foster the relationship of her child whos father is in the state they want to relocate...i was primary caretaker for 5 yrs and he has been for 2, he has been unavailable and child has been with 3rd party than with him...he has alienated me from doctors teachers evetyone and this is an attempt to get me out of her life fully, she is petrified of thismove he has been brainwashing her about it

Bari Zell Weinberger

Bari Zell Weinberger

Posted

I am terribly sorry that you are going through this. I'm glad that you have found our assistance helpful in the past. As i understand the current status of your litigation, you are in the midst of a plenary hearing/trial. Is that correct or has the Court SCHEDULED the hearing, but it has not yet begun? You MUST gather as much documentation as you can as to his alienation attempts. You mention that he has sole cusotdy - sole legal custody, sole physical custody or both? With regard to the type of expert that can be helpful in a matter such as this, the Court can enter an order allowing for a custody and parenting time evaluation to be completed by a mental health expert. Your matter really is quite complex and any further guidance any attorney can provide depends greatly on all of the details involved in your matter. Again, I highly recommend that you call an attorney for a consultation as soon as you can.

Asker

Posted

Thanks Bari, He has sole custody...he got it because he falsely testified and the court said he was a better parent to foster, one week after gaining custody he started threatening on limiting my time, supervising it, was unavailable for child kept her out for 12 hrs daily, gave me no summer time, its been v v v frustrating. Any increase given by court he opposed, i went thru supervision un unnecessary for 1 yr now the trial is with a forensic to determine enlargement of my time and now he has thrown this relocation curve ball, I hope the courts recognise his motives , he has said in his parenting plan no overngights once amonth he will drive our 7 yr old to spend sat 9 hrs with me and sunday 6 hrs and drive back 12 hrs...and some skype, ..

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