Question ???

[Johnslambchop]

My husband's ex-wife wants to take the children to live out of state from NJ to VA.

They both have joint legal custody.
My husband has residential custody.
They have the children each 50% of the time visitation wise.

Is she allowed to just take the children and move out of state given that they both have joint legal? Doesn't she have to have his consent? The children are 5, 8, and 10.

Does anyone know???

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[bribella]

I am no expert but I would guess that she would need to petition the court for permission. Hopefully someone who knows more will come along and give you a better answer.

[Willow]

Is your husband the custodial parent? I'm not sure if that's the same as residential so that's why I'm asking. I would say no, if the children are living with you and your husband. I'm not a lawyer but usually the non custodial parent wouldn't be allowed to do that.

[Tasha405]

It seems that if he has residential custody that she wouldn't be able to move them like that with his permission. I could be wrong though. Maybe you could call a local lawyer and ask them?

[kidzpca]

Yes she does have to have consent to move the kids out of state. Matter of fact She likely will have to take the move to court. Because the move would cause a change in the prior custody, visitation, and child support payment agreements.

[slkirk22]

My parents had to stay in the same school district when they got divorced so by brother and sister could go to school they had joint custody 50/50. And she will have to take it to court to get it approved or fight it.

[Johnslambchop]

He was granted temporary residential custody which has never been challenged. They have joint legal custody. She also has a baby from some other guy who isn't in the picture anymore which will only be 1 yr old in July.

She has a drug use history and DYFS had been involved two years ago. We think she wants to go live on a hippy commune because she refuses to work and she could just live on the commune and not work and collect child support payments. She cannot afford to live in NJ anymore because this area is very expensive. She is paying $2000K+ /mo. to rent a house with no income.......

We are hoping that she cannot pick up the kids and move - hoping that a court would see that these kids would suffer emotionally among other things if she is to move out of state.

[Willow]

It doesn't sound as if they would allow her to take the children and move considering her past. On a side note living on a commune sounds cool. I love the 60's so in a way that kind of thing appeals to me. She will have to do work there. It won't be like going into the office every morning type of work but she won't be allowed to just lay around and not do anything.

[Johnslambchop]

Don't get me wrong - I have nothing against communes. This is a person (and I use that word loosely) that refuses to work - has an RN and the capability of making $80K/yr but chooses to collect welfare and have babies out of wedlock just for the sole purpose of getting child support checks to live off of....

You'd think we would have won custody when fought her in court previously- with proof of her drug use. The state of NJ doesn't care of the mother is an addict! You'd think they would have given the father custody (full) as he wanted full custody because he has a stable job and upstanding in the community.

[Willow]

Don't get me wrong - I have nothing against communes. This is a person (and I use that word loosely) that refuses to work - has an RN and the capability of making $80K/yr but chooses to collect welfare and have babies out of wedlock just for the sole purpose of getting child support checks to live off of....

You'd think we would have won custody when fought her in court previously- with proof of her drug use. The state of NJ doesn't care of the mother is an addict! You'd think they would have given the father custody (full) as he wanted full custody because he has a stable job and upstanding in the community.

I know you didn't mean anything against the communes. I just thought I would comment on it since you mentioned it. I looked into it a while back.

I really don't think you have to worry about your husband's ex taking the kids and moving away. She doesn't sound very stable and since they are actually living with you and your husband that would probably make it even harder.

[annie169]

I don't know about NJ law. But some states only will change custody arrangements if her move is job related i.e. Improvement of wages, promotion, whatever. I don't know how they will see her moving to a commune as increasing her "lot in life". He will have to go to court if he is contesting the move, unfortunately.

I'm not sure what "residential custody" is...is that like physical custody?? where your hubby has the right to pick things like school, church, etc.??? I have sole custody of my son, which is higher than physical custody. His "father" does not have joint custody with me.

Good luck, I really don't think the court would grant such a request from her.