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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28344
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Just divorced in April 2013 and have joint shared custody.

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Just divorced in April 2013 and have joint shared custody. Ex wants to move away with my 9 yr old daughter to Hawaii, Los Angeles, or Georgia. Currently I have every weekend overnight at my house fri to sun with daughter and paying child support. What are my options? During the marriage she obtained her Masters degree and now has job offers in those locations. What are my options as a NJ resident? My child is high functioning but autistic. Ex has had DYFS cases opened constantly for different reasons but i cant get infomation out of them. interested in what happens regarding support. Its been hinted that support is reduced by what it costs to visit the child. What could my visitation look like realistically tonbe granted by a judge and who pays for tranel and lodging?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Since there is joint shared custody in place at this time, your ex can not just move out of State, without permission from the court. She has no legal right to take away your visitation, without an order from the Judge. With that being said, she would have to motion/petition the court for permission to relocate and show that it is in the best interest of the child to do so. While she may have job offers in those locations, it does not mean she will be able to provide a better life for the child and the burden will be on her, to convince the Judge that she can. Moreover, she will have to justify taking your rights away as well, to have custody and time with the child. You also have every legal right to object to the relocation and explain to the Judge why. Child support is based upon the needs of the child, so it would be at the discretion of the Judge to modify it, based upon a substantial change in circumstances. In regarding to travel and lodging, it could be something that you could ask the Judge to factor in and consider, when trying to reduce the amount, as a result of having to incur the cost, just to see the child, assuming she is unable to travel on her own, as a result of the autism. Moreover, if the Judge will not modify the support order, you can always request if the Judge is going to allow the relocation, that it be ordered that the mother incur the cost of having you visit, as a result of the situation.

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Hi Rodney. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 4 years ago.

there are several continuous dyfs cases that remain open thst iam not beingg made aware of because I actually used one agents findjngs in court against the mother for abuse of my daughter. How do I go about getting the dyfs records to my lawyer or a judge? All attempts including filing a motion have failed so far.

Typically, these reports and investigations remain confidential and private, unless DYFS is going to go forward and take action. In a situation like this, if they will not voluntarily turn them over, your attorney would have to file a motion with the court, asking the Judge to sign an order, releasing them to him, since they are relevant to the matter before the court.
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