QUESTION

Can my child’s mother be charged for relocating to a different state without consent if 2 years have passed?

Asked on Sep 18th, 2020 on Child Custody - New Jersey
More details to this question:
my child’s mother moved from NJ to PA after establishing joint custody of our daughter. I wasn’t aware of my rights at the time, but now that I am and she’s denying visitation and communication, can she still be charged if I report her?
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2 ANSWERS

Family and Matrimonial Law Attorney serving Parsippany, NJ
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Thank you for your question. I’m so sorry for your dilemma.  When you refer to “charged” do you mean criminally?  Because removal of a child from one state to another is not necessarily a criminal charge.  However, that being said, you can most certainly file a motion with the court to enforce your custody rights.  The fact that 2 years have passed may be looked upon as a waiver but still your ex did nothing to seek permission of the court to make the move.  The court looks to “the best interests of the child” and will decide based upon that criteria alone.  Depending on the age of the child, the court may personally interview the child and/or appoint a parenting expert to weigh in on the ramifications of the move out of state. I hope this was helpful to you.
Answered on Sep 21st, 2020 at 9:46 AM

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Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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Believe it or not, most judges are human and when confronted with a difficult question, start off with the "smell test" to decide whether the story makes any sense.  Here is my initial impression - you and your ex shared joint legal custody of your daughter and 2 years ago, your ex  picks up and moves across the border, impacting your ability to see and spend time with your daughter  and you never thought to question whether her actions  were permissible / appropriate,  without your consent. If you were sitting across the table from my in a consultation setting, I would tell you that there is something missing from this story and it does not make sense to me that you would sit back for 2 years before deciding that your actions were inappropriate.  My guess is that your ex will claim that she told you that she was planning to move and you did not respond and she therefore interpreted your actions as a form of approval and for the past 2 years, you were ok with the move until something went wrong and now you want a court to view her actions from 2 years ago as inappropriate. Presumably your agreement or court order for custody and parenting time was entered by a court in NJ and therefore you still have the right to petition the court in NJ for sanctions for her interference with your parenting time but unless you can convince me otherwise, I dont think you have a strong claim for the "improper move".   
Answered on Sep 21st, 2020 at 8:59 AM

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