Legal Question in Family Law in New Jersey

I currently live in NJ, will be going through a divorce. Im originally from California, but moved to NJ so he could be near his family. My husband admitted to cheating on me, and I have proof as well. Id like to be able to get full custody, and move with my son back to California where my support system and family is. If my soon to be ex husband wants to follow and co parent (even with me getting full physical custody), Id allow him joint physical custody because I want him in my sons life...what would I need to do? I have no family/friends out here...?

Asked on 3/16/13, 10:29 am

3 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

You should speak to an attorney ASAP. That's all there really is to it. The fact that he cheated on you probably has no impact on your case. Call me anytime 732/773/2768

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Answered on 3/16/13, 11:13 am
Robert Davies The Davies Law Firm, P.A.

You need to file for a divorce, and get a court order that allows you to take your son out of New Jersey and to California.

Miserable situation. You have good reasons to relocate back home to California.

Your son and your ability to move back are the most important things.

You will also be looking for him to pay a good number of the expenses, and there are other issues too.

You need a lawyer to get this going. I am located north of you, about 20 minutes drive. Just give my office a call and pick a time that is good for you to meet with me. No charge for the consultation.

Robert Davies, Esq.

201 820 3460

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Answered on 3/16/13, 11:31 am
Daniel Levy Raff & Raff, LLP

As the others have said, you absolutely need an attorney to help you with this. Sometimes, people are fine doing simple, uncontested divorces by themselves. But in this situation, you will have a lot of issues that are going to be too complicated to work out yourself. Notably, you will need to work out an agreement about where the child resides and the visitation arrangements. If you cannot work things out, you need to have a mini-trial and the judge will have to decide the issue. Without an agreement or court order, you cannot remove children from New Jersey. You will likely also have other issues that require an attorney to best handle - like dividing assets, alimony, child support, etc.

Please give me a call at my office on Monday and we can discuss this in more detail during a 100% free consultation: 973-742-1917.

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Answered on 3/17/13, 10:25 am

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