FLlovinmom
New
Reged: 08/28/07
Posts: 1
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Need a little advice about this..here's the situation:
I was in a relationship which ended 6 years ago. I have an almost 12 year old son from that relationship. Now I was never married to my son's father but I have met a wonderful man and am now happily married. We live in NJ right now but want to move to Florida as my husband lived there on and off for over 20 years, he has family there plus we all love it down there. We have gone on vacation several times and it is so much cheaper to live down there than in NJ. We are struggling to survive with the high cost of living. My husband is disabled thru no fault of his own, he has had 6 back surgeries due to an on the job injury in 2002. He does receive Worker's Comp (which is his permanent disability) and Social Security Disability. I work full time but even with all of our income we are still having difficulty making ends meet.
As for my son's father, I am aware that I need to get his permission to move our son to Florida, BUT at this point in time he owes me over $7200 in child support, he just got fired from his latest job in June after being there only 6 months, the job he had before that lasted only 3 months, etc. So he has NOT had a steady job in a few years. He lives in his mother's attic, does not have a driver's license or a car, and is a heavy drinker. He does have visitation rights, but I have live in physical custody of my son, and even he doesn't want to go to that house all of the time. As a matter of fact, there were several occasions where he has called me crying to come home as his dad was drunk. My ex is also supposed to be providing medical coverage for my son per court order but he does not do so. When my son needs medical care I have to pay out of pocket as I do not have benefits (I work thru a temp agency).
I plan on speaking to Probation (which by the way his mother works for them) about us wanting to relocate to Florida. My son even wants to move to Florida, as he loves it there! Does anybody know what else I have to do to do this the legal way? I cannot afford a lot of money for an attorney. Any advice or help would be greatly appreciated, thank you.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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Unless the father consents to the move you need to request a modification of the current court order through the courts .
The current case law for NJ that governs child relocation is this :
When the Superior Court has jurisdiction over the custody and maintenance of the minor children of parents divorced, separated or living separate, and such children are natives of this State, or have resided five years within its limits, they shall not be removed out of its jurisdiction against their own consent, if of suitable age to signify the same, nor while under that age without the consent of both parents, unless the court, upon cause shown, shall otherwise order. The court, upon application of any person in behalf of such minors, may require such security and issue such writs and processes as shall be deemed proper to effect the purposes of this section. N.J. Stat. Ann. § 9:2-2.
See Baures v. Lewis, 167 N.J. 91, 770 A.2d 214 (2001).
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Jada
Platinum
Reged: 06/02/07
Posts: 3241
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[quote]Need a little advice about this..here's the situation:
I was in a relationship which ended 6 years ago. I have an almost 12 year old son from that relationship. Now I was never married to my son's father but I have met a wonderful man and am now happily married. We live in NJ right now but want to move to Florida as my husband lived there on and off for over 20 years, he has family there plus we all love it down there. We have gone on vacation several times and it is so much cheaper to live down there than in NJ. We are struggling to survive with the high cost of living. My husband is disabled thru no fault of his own, he has had 6 back surgeries due to an on the job injury in 2002. He does receive Worker's Comp (which is his permanent disability) and Social Security Disability. I work full time but even with all of our income we are still having difficulty making ends meet.
As for my son's father, I am aware that I need to get his permission to move our son to Florida, BUT at this point in time he owes me over $7200 in child support, he just got fired from his latest job in June after being there only 6 months, the job he had before that lasted only 3 months, etc. So he has NOT had a steady job in a few years. He lives in his mother's attic, does not have a driver's license or a car, and is a heavy drinker. He does have visitation rights, but I have live in physical custody of my son, and even he doesn't want to go to that house all of the time. As a matter of fact, there were several occasions where he has called me crying to come home as his dad was drunk. My ex is also supposed to be providing medical coverage for my son per court order but he does not do so. When my son needs medical care I have to pay out of pocket as I do not have benefits (I work thru a temp agency).
I plan on speaking to Probation (which by the way his mother works for them) about us wanting to relocate to Florida. My son even wants to move to Florida, as he loves it there! Does anybody know what else I have to do to do this the legal way? I cannot afford a lot of money for an attorney. Any advice or help would be greatly appreciated, thank you. [/quote]
The one thing that you may want to take into consideration is that the long-distance parenting plan involves the child's father to have longer chunks of time. Which means that the child will be spending most of the summer and school vacations in NJ with his alcoholic father. And you won't be close by to come and get him if necessary.
Personally, I would stay another 6 years and then move.
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mistake#2
Platinum
Reged: 07/19/06
Posts: 3139
Loc: Florida
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Work something out with the father so that he will agree to the move. Make it worth his while to agree. Then see an attorney to have a modification written up and entered into judgement. Attorney costs should be minimal, but you must have it entered into judgment in order for it to be legal for you to move.
I did this with my first ex and our now 12 year old son so I could move from MI to Florida. I made it easier for him to sign the paper then it would be to fight it.
Maybe I missed the reason in your post...but why would you be talking to probation about moving?
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**2 1/2 weeks to go...should start counting down the days**
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drillsgt
Bronze
Reged: 11/25/07
Posts: 25
Loc: Ironton, Ohio or there about
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Id love to go south also!!!
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work hard, now will play hard
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