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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27998
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I have filed a case against ex-boyfriend to legally be custdial

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I have filed a case against ex-boyfriend to legally be custdial parent with joint custody arrangements in Delaware as my children have resided with me after breakup 8 months ago. I would like to move to NJ and be closer to my family/job. There was no agreement in mediation as he wanted "shared" primary residence, court order was for him to have 3 weekends a month and they are with me all other times. We are still waiting to go before the judge for final decision ( and still don't have a court date after 5 months) Can he prevent me from moving to NJ while pending hearing? If so, how long is average wait to see the judge? If court awards me primary, which I project happening, can he prevent me from moving to NJ after that? It is only a 45 minute commute to the town I will move to that I make 5 days a week now.
Submitted: 5 years ago.
Category: Family Law
Expert:  LawTalk replied 5 years ago.
Good evening,

I'm sorry to hear of your dilemma.

You should file a new motion with the court seeking permission to move out of state. When you file your motion, ask to have a hearing set so that you can ask the judge to be allowed to move 45 minutes away.

Based upon the circumstances you have set forth, it seems reasonable that you will be allowed to move there with your children--though you may be responsible for transportation of the children for visitation periods.

In the meantime, you should not attempt to move out of state. The court likely has orders in place already preventing you from leaving the state without court permission, and to do so might mean that it could hurt your custody claim.

I wish you and your children the best.

Best regards,

Doug

Customer: replied 5 years ago.
What form do I need for the motion? I already have a custody hearing pending, but it has been 5 months and still no date. Would like to have before school starts in Sept
Expert:  LawTalk replied 5 years ago.
Good evening,

I believe that this form will work for you:

http://courts.delaware.gov/forms/(mqvzwmyh5sspa4553rz1y245)/download.aspx?ID=147


Best of luck to you.

Best regards,

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27998
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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