QUESTION
is a judge likely to change custody to other parent who lives out of state just because the 13 yr old child wants to live with them?
Asked on Jun 13th, 2018 on Child Custody - New Jersey
More details to this question:
my husband and I separated over 10 years ago and in our post-nup and divorce papers, I was named the full custodial parent of our now soon to be 14 year old son. I have been with my current husband for over 10 years and he has taken care of my son since the age of 3. up until just about a year ago, my ex barely saw our son. He's in the military and always lived in another state, usually by choice to benefit his career. My son has lived with me and my current husband since the age of 5 or 6 in the same school district and in very close proximity to both sets of grandparents and now, also lives with his 6 year old half sister. my ex just bought big house 600+ miles away from everyone and he has convinced my son that it would be best if he moved there since there is more space. I have provided my son with a stable, 2 parent home for the past 10 years. will a judge let my ex take our son away from his home, family and sister just because my son wants to go?
1 ANSWER
Family and Matrimonial Law Attorney serving Parsippany, NJ
Partner at
Weinberger Divorce & Family Law Group, LLC
4 Awards
Thank you for your question.In order to modify the custody arrangement, your ex-husband will need to file an application with the Court requesting a change in custody. He must show that there has been a substantial change in circumstances that warrants a change in custody and that a change in custody is in your son’s best interest. Your son’s desire would only be one factor that a Judge may take into consideration. Given your son’s age, it would be the discretion of the Judge whether he would even consider your son’s desire. I suggest that you meet with an experienced family law attorney who can assess your situation and devise a plan to help you achieve your goals. I hope this information was helpful to you.
Answered on Jul 02nd, 2018 at 1:58 PM
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