QUESTION
What do I have to do to get my Fiance, her daugther, and our new born son relocated to PA from NJ. We have been denied to move 3 times so far.
Asked on Jul 06th, 2017 on Child Custody - New Jersey
More details to this question:
My fiancé had a child with her ex, the child is now 5 going on 6 years of age. Last year I tried to move her to where I live to help her start over and begin a new life and family.We didn't know at the time that you needed court approval in NJ for them to relocate. The father of the child filed to stop us from moving and it worked. Since then we have tried 3 times to relocate ( the first time in September we didn't know she was pregnant at the time). I know about Buares (sp?) vs Lewis case and presented the judge last time that we believed we for each circumstance listed. However all three times ( today being the most recent) we were denied the move. The father barely saw his daughter prior to the judge ordering him to see her 2-3 times a week in September. He sees his daughter Saturday afternoon until Sunday afternoon. He doesn't call, text , or isn't involved in any other shape or form involved in his daughters life outside of those times he picks her up. At the time we couldn't
1 ANSWER
Family and Matrimonial Law Attorney serving Parsippany, NJ
Partner at
Weinberger Divorce & Family Law Group, LLC
4 Awards
As part of the Baures requirements, you must present a workable parenting time plan to the court and the child's other parent. It is unclear from your question that you did this. It is important that you offer at least as much parenting time after the move as the child's father is getting now. Obviously, this is difficult when you live in different states. You have to think in terms of offering significant blocks of time to her father, such as a month in the summer, a week over the holidays, long weekends, etc. Also think about Skype, texts, phone calls and Facetime. If he spends one overnight per week than you have to come as close to offering 52 overnights as possible. Perhaps having this amount of parenting time will lead him to consent to the move.
Answered on Jul 07th, 2017 at 5:53 AM
The information we provide is not, nor is it intended to be, legal advice. These answers are designed for general information only. You should consult an attorney for advice regarding your specific situation. Our website, www.WLG.com, will provide you with a wealth of valuable information in addition to the best way to contact us.