Legal Question in Family Law in New Jersey

me and my wife are not divorced but separated for over a year. since the separation she is custodial and i see our child on weekends. she has moved 4 times in the last year and half due to her bad finances. i pay child support weekly. she is moving to virginia in three weeks and i want custody and do not want my child to move. all of the childs family is in new jersey only an uncle in virgina. what are my options? what are the chances of me getting custody?

Asked on 7/30/14, 2:24 am

1 Answer from Attorneys

Brad Micklin The Micklin Law Group

You must immediately file an emergent application to establish custody and prohibit your wife from leaving the state with your child until a final custody hearing can be held and the judge can make a decision on her desire to relocate to another state. If you are not ready to file a divorce complaint, then you may just file a custody complaint seeking the emergent relief barring your wife from leaving the state.

Once you file a complaint in court, custody becomes “in issue” and it will then be unlawful for your wife to leave the state with the child without first obtaining your or the court’s permission. It is important that you move quickly and discuss the specifics of your case with an experienced family law attorney who will be able to advise you on what your rights and options are, how to seek relief from the family court, how to oppose your wife’s relocation and what to expect during the litigation process.

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The Micklin Law Group

Nutley, NJ

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Answered on 7/30/14, 11:23 am

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