Important changes to the law regarding moving out of NJ with your child

Within the last few weeks, there has been an important change to the law regarding moving out of NJ with your kids.  If you want to move out of NJ with your kids, you need one of two things:  1) the written consent of the other parent or 2) a Court order allowing you to do so.  Recently, the NJ lawmakers changed the law that Courts apply when considering whether to allow you to move out of State with your kids. 

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Important changes to the law regarding Emancipation

Are you paying or receiving child support for a child who is currently attending college?  If so, there were important changes to the laws regarding emancipation a few months ago that you should know about.  

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Check out my life interview for 96.1 WTTH!

Hey guys, this week I gave the first of many to come monthly live interviews with Raymond Tyler of the Light which airs Sunday mornings at 8:00 am on 96.1 WTTH!  

This week I gave the listeners a little detail about myself and what led me to being a Fathers Rights lawyer and I answered questions such as:

  • what should I ask or look for when hiring a lawyer?
  • what should I do if I’m paying child support and my income decreases?  

Listen


Can I still pay or receive child support if we have 50/50 custody?

This week I’ve received the same question a few times:  Can I still pay, or receive, child support if we have 50/50 custody?  The short answer is it depends.  Most people assume 50/50 custody cancels out the need to pay or receive child support and that’s incorrect.  It does not and I know, you’re so sick of hearing “it depends” from lawyers but here’s why I say that.  It depends on a few things.  

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I couldn’t see my kids for the holidays

But for some of you, it may not have been a happy holiday because you may not have been able to see your kids, let’s try to fix that…NOW!

Assuming that you already have an Order for parenting time, it may be as simple as either:  1) reaching an agreement with your ex regarding when each of you will spend time with your child during the holiday or …

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Why your first Court date is the MOST important!

Does this sound familiar:  I’ll handle my Court hearing on my own and if it doesn’t go as planned, then I’ll think about hiring a lawyer? Sorry to tell you but that plan is backwards!  You’re probably wondering why.  Because:  YOUR FIRST COURT HEARING IS THE MOST IMPORTANT ONE!  Why?  

Can I get an annulment?

Did you have a wild night and wake up married? Or maybe you only dated for a few months (or weeks) and decided to just jump the broom but now you’re regretting it?

Whatever your reasoning may be, you may be thinking well it’s only been a few weeks (or months) and I’ve made a mistake so I’ll just get an annulment.  Sorry to tell you but not so fast!  

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What do I do if I’m served with a Divorce Complaint by my spouse?

Well, the short answer is file a response…fast!
I’m sure this sounds nerve-racking (and is probably just one additional stress added to you during this difficult and emotional time) but you should file a response!

You’re probably thinking:  why do I need to file an Answer to a Divorce Complaint?

The short answer is to protect your rights!  

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New Jersey grounds for Divorce

In New Jersey, there are several different causes of action (aka grounds to file for Divorce).  

The most frequently used Cause of Action is irreconcilable differences.

Irreconcilable differences simply requires that 1) irreconcilable differences exist in your marriage; 2) they have existed for at least 6 months prior to the filing of the Divorce Complaint;

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So you want to move out of NJ with your child and aren’t sure what steps you need to take?

You’ve come to the right place.  Many people assume that just because they have sole legal custody or are the parent of primary residence, they can move out of State with their child.  That’s not true!  Regardless of whether you have sole or joint custody or you are the parent of primary residence, before you move out of NJ with the child, you must get either the other parent’s permission or a Court order.

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As a general rule, in New Jersey, a parent cannot move out of State with a child without one of the following:  1) the other parent’s consent or 2) a Court order.  

If you do not agree, the other parent must file an Application with the Court seeking the Court’s permission.  There are 13 factors that parent has to satisfy in order for the Court to permit him or her to move.  We will go over those factors in a different post but in case you need them now, you can download the factors here.  

So what should you do if that parent moved out of New Jersey with your children without your permission or a Court order?  

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Did you know that until there is a custody order, technically no one has custody of your child?  

So what does that mean?  It means that until you have a custody order from the Court, the father or mother of the child can take the child and refuse to allow the other parent to see the child.  Now when I say take, I simply mean if the child lives with dad and mom picks up the child for a visit and refuses to return the child, dad has no recourse except to file a Motion and wait approximately 30 days before you return to Court.  That means if you call the police and tell them that mom refused to return your child, the police cannot go and order her to return your child.  Why?  Because there is no custody order from a Court.  

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