Moving out of state

[FatherInNJ]

The court is going to ask. Your girlfriend should move to you. It could end up with mom being allowed to move out of state.

So when you wrote

"Since you are a noncustodial parent you can move".

you meant I can *legally* move, but this may influence the Court for a future
decision regarding the ability of the custodial parent to move our son to another state.

Am I correct?

 

[FatherInNJ]

Very good point .

If you remain in NJ , NJ will retain jurisdiction because you still reside there.

If you move and Mom moves with the Child ( by approval ) Mom/child's new State would have Jurisdiction ,as neither of you reside in NJ any longer .

All right. There's no article in NJ family law that officially punishes a non-custodial parent who moves to antoher state, right?

That said, and from your experience, how much could a judge evaluate this responding to a future request of the custodial parent to move our son away?

Also if your X would do anything to cause havoc ,She may take you to court so your GF can not be around during visits.

For what reason?
My son's mother already tried this, and she got smashed by the judge.
He treated her very badly.

 

[Ohiogal]

So when you wrote

"Since you are a noncustodial parent you can move".

you meant I can *legally* move, but this may influence the Court for a future
decision regarding the ability of the custodial parent to move our son to another state.

Am I correct?

Yes you can legally move. It could influence the court for a future decision. But that is going to be dependent on the situation at the time. Mom always has the opportunity to move out of state. Whether child will be allowed to move is the difference. And if you have moved out of state and cannot keep the child stable in the same area then most likely a court will not stop the child from relocating.

Oh and regarding this:

Thanks.

This is a different answer from the one I got from Ohiogal at the beginning of the thread.

So let me ask, is any of you a lawyer?

I answered your question in my first post and told you the hoops a custodial parent would have to jump through. She would have to do what I stated in post #2 of this thread. How is it a different answer than what I gave? The court is NEVER going to state that mom can never relocate with the child out of the state. It would be unconstitutional.

I answered with the law. As for if anyone here is a lawyer, yes. Why dont' you ask for proof such as a law school degree and Supreme Court bar card -- they can hold it up to the screen for you to view. Oh what? You can't see it. Dang.

 

[stealth2]

A very smart comment, this one.

You may fall under the category I described in my previous post.

I have to assume you mean the one where ignorant people from NJ think NY is a different planet? You couldn't be more wrong. I grew up right across the river and spent significant time in NYC - as a child, as a college student (actually IN the City) and as an adult. In fact, I've spent the majority of my life in the tri-state area. So I'm hardly ignorant wrt NYC.

But, since you are definitely smart and are VERY familiar with the area, for sure you also know the different taxation for out-of-state workers in NY.

Yep, I am. But I'm also quite aware of what the climate differences (no, I'm not talking about the weather) are wrt COL, job market, etc.

And you also know that 20 minutes outbound, at the time I am supposed to go to pick up my son, may mean 1 hour or more inbound, commuting for work to Manhattan in the opposite direction.

If you've got an hour inbound, you're not likely to get 20 minutes outbound.

And apparently you also know me enough to exclude any other possible reason, like moving in with someone who lives in NY.

And do me a favor, don't reply with "why doesn't she move in with you in NJ".

And it would seem that I was correct in my assessment of why you're wanting to move. No need to get snotty when people aren't as naive as you would like them to be.

As has been posted earlier, once you move out of NJ, you've pretty much given her free rein to move (with the child) out of state herself.

Moving from that to the logistics - what exactly do you mean by "shared custody"? How often do you have your son, and how old is he? Do you realize that you will likely be required to transport him both ways. Once he starts school - if he has not already - how do you intend to get him to school if you have him during the week?

 

[sipa]

I have to assume you mean the one where ignorant people from NJ think NY is a different planet? You couldn't be more wrong. I grew up right across the river and spent significant time in NYC - as a child, as a college student (actually IN the City) and as an adult. In fact, I've spent the majority of my life in the tri-state area. So I'm hardly ignorant wrt NYC.



Yep, I am. But I'm also quite aware of what the climate differences (no, I'm not talking about the weather) are wrt COL, job market, etc.



If you've got an hour inbound, you're not likely to get 20 minutes outbound.



And it would seem that I was correct in my assessment of why you're wanting to move. No need to get snotty when people aren't as naive as you would like them to be.

As has been posted earlier, once you move out of NJ, you've pretty much given her free rein to move (with the child) out of state herself.

Moving from that to the logistics - what exactly do you mean by "shared custody"? How often do you have your son, and how old is he? Do you realize that you will likely be required to transport him both ways. Once he starts school - if he has not already - how do you intend to get him to school if you have him during the week?

Stealth for some reason I hear the word "shared custody" alot used by people in NJ. I think they are referring to "joint custody" what they never define here on the board is Primary residency they just seem to lump it all into one. And as you well know they are two different issues.

I've come a long way....but so much further to go....