QUESTION

I need to change a few things on my custody agreement.

Asked on Sep 11th, 2017 on Child Custody - New Jersey
More details to this question:
I'll keep this to the point. My ex and I have a joint legal custody arrangement. She is supposed to have our daughter 4 Overnights and I 3 Overnights a week. Since the divorce 3 years ago, our daughter has been living the majority of the time at my house. I have kept track of every overnight since the divorce. The first year I had her 55.14% of the overnights. The second year I had her 63.70% of the overnights. The third (this year) I've had her for 70.84% of the overnights. Not just this, but she is looking to move out of state to PA with our child and I do not consent to this. The list goes on with her including a possible insurance fraud thing that is happening. There is too much and too little space to reveal here and now. This is what I want: 1) I want to become the primary custodial parent and all the rights it entails 2)I want the living arrangements to be the same it has been for the past 3 years. 3)I want child support to reflect the changes to the custodial shift
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1 ANSWER

Family and Matrimonial Law Attorney serving Parsippany, NJ
4 Awards
Hello and thanks for your question. You bring up several issues that you are experiencing, including custody (both legal and residential), relocation and child support. To answer you as best I can in this public forum, you are always free to file a motion with the court seeking a change in custody. However, you have the burden to prove to the judge that a change in custody in in your child's best interests and, since you already have an order for custody in place, you have to show that there has been a significant change in circumstances since that order was put in place. The court is more than likely going to keep in place the joint legal custody finding. Joint legal custody means the two of you have equal and joint decision-making abilities for the big decisions in your child's life such as major medical and education decisions. 9 times out of 10 joint legal custody is awarded. With regard to residential custody, it appears as though what was to be a joint residential custody has shifted, with you having the child more that 50 percent of the time, and this would be your argument to the court in your request to become the parent with residential custody. Again, is this in your child's best interests? The court will examine this and make a decision. With regard to relocating out of state: your ex cannot, on her own, move to Pennsylvania without either your written permission or the permission of a New Jersey family court judge. Relocation cases are not the same as custody cases and simply having custody does not mean you have the right to leave New Jersey with your child without the proper permission. She would have to file for permission to relocate and there would be a hearing. She would have the burden to prove the move is in your child's best interests in that hearing. Lastly, child support would be calculated using the NJ Child Support Guidelines. If there is a change in custody then new guidelines will be run to reflect the change in overnights. I recommend at least a consult with a family law attorney in your area. We have a statewide practice, but many other family law attorneys also offer free consultations as well. I wish you luck and hope this was helpful. Regards, Bari.
Answered on Sep 12th, 2017 at 6:01 AM

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