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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26163
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Im in the process of divorce. I have three children with my

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I'm in the process of divorce. I have three children with my soon to be ex husband, we currently live in NJ. He recently received orders to Virginia for the next three years. I want to relocate to SC since it's more cost efficient and the distance for visitation is the same. Can I do so without his consent, since now he is out of state?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Can you tell me, how long have you lived in NJ?
Customer: replied 1 year ago.

Overall we lived in NJ over 6 years, but lived in North Jersey a year and a half since i separated and moved in with my parents.

Expert:  P. Simmons replied 1 year ago.
Thank you

Since you have lived in NJ for more than 6 months, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) will apply. This act will establish NJ as the "home state" for jurisdiction and custody matters.

Basically, if your husband contests this, he can attempt force the case back to NJ if you leave to SC.

Sorry....one more question...you mention he has orders to VA, has he physically left for VA yet?
Customer: replied 1 year ago.

we already processed the divorce thru the court in jersey. our court date is august 18 but his lawyer is dragging this till then which makes me just want to leave... he left about two weeks ago to virginia and is stationed on a ship.

Expert:  P. Simmons replied 1 year ago.
So what about the custody order....did you apply to the court to move (as required by the UCCJEA)?
Customer: replied 1 year ago.

i responded to his settlement over a month ago and asked him about moving but i have not recEived anything else after that which makes me believe they just want to go to court... he tells me he'll try to see the kids once or twice a month if allowed. even tho the settlement says every weekend.

Expert:  P. Simmons replied 1 year ago.
Thank you.

And sorry to belabor this...but it is central to the question...in order to leave the state, you need permission...has your lawyer applied to the court to allow you to move?
Customer: replied 1 year ago.

I don't think so... I just know my lawyer responded to the settlement they sent, although they haven't replied can we ask the court to move durIng the dIvorce process..

Expert:  P. Simmons replied 1 year ago.
Thank you

You may want to engage your lawyer on this...if for no other reason, than to ensure the transition goes smoothly.

Under the UCCJEA this is a NJ case.

But the UCCJEA has provisions to allow transfer of the case. Specifically, if both parents and the child leave the state, the court can transfer the case to either the state of the child or the state that one of the parents lives in

Here, dad could, in theory, apply to transfer jurisdiction to VA since he is there.

But if you apply now to the NJ court and request transfer from NJ to SC, there is a good chance the court approves this.

Can you move and then make the request? sure.... particularly if you believe dad is not going to challenge this. But you are in a better position with the court to apply up front. Then, when the court approves, the SC court has the case for jurisdiction (and all further issues are resolve`d in SC)


Let me know if you have more questions...happy to help if I can

Customer: replied 1 year ago.

thank you so much for all the info.. just one quick question he doesnt want me to move how much power does he have to stop me.

Expert:  P. Simmons replied 1 year ago.
If you act now? Go to court and ask the court to grant you custody and transfer the case to SC? They will approve it. But do for this up front...do not let him take you to court for not following the rules.

Customer: replied 1 year ago.

thank you so much Mr. Simmons. i apreciate your help.

Expert:  P. Simmons replied 1 year ago.

you are welcome Ma'am

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26163
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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