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I am looking for specific guides or legal guidelines for creating and submitting exhibits in a opposition to relocation.
Anonymous3 views4 answers
I have a court notice to appear in a modification of custody. I have joint legal custody of my son and live in Florida while the mother lives in New Jersey, but I am the residential parent. The mother is requesting sole physical custody and requesting the child move back with her to live in her parents home. I am in the process of filing a opposition to relocation and I've created exhibits to support my case such as school comparisons, leisure activities available that we frequently do with pictures, healthy home environment, doctor/dentist records that the child is well taken care of, and my wife and I have stable jobs.
Are there online guides or stated specifically what guidelines must be followed?
I can not find how the pages should be attached either staples or paper clips?
The exhibits you wanted to introduce in support of your opposition should have been attached to your written submission to the court. The court will not consider exhibits that are presented the day of oral argument. If your case is proceeding as a plenary hearing or even just oral argument, the Rules Of Evidence apply. The burden of proof is on the moving party to show 1.) a good faith reason for the move and 2.) that the move will not be "inimical" to the child's best interest. You should really contact an experienced family law attorney. Not only is your ex moving for a change in custody but also for a relocation out of the State. This is a very serious matter. It sounds like you have done you research and it's good that you have looked into what you will need to show. It is your ex who will need to show these opportunities exist in Florida. I strongly suggest you hire counsel. It may cost you way more in the long run if you don't. Good luck.
When you file your opposition to her motion, your certification should refer to your exhibits, which should be identified as either Plaintiff or Defendant "A", "B", etc, and the exhibits stapled to your certification not attached by paper clips. The rules also ask for the use of exhibit tabs, although many judges will permit the exhibits to be separated by simple paper sheets marked "A", "B", etc. Of course, for best results in this type of important motion, you would be best to use an experienced family law attorney, because as mentioned by other counsel, there are legal standards that the plaintiff is required to meet under the law, and your argument will be more persuasive if you can establish that her motion does not meet those legal prerequisites.
Amy B. HanselDivorce / Separation LawyerBradley Beach, NJ ·
Your exhibits need to be clearly labeled with letters A-Z and then AA, etc. The labels should be in the form of a tab so that they stick out beyond the page. You can use small post-it type of notes or purchase exhibit tabs at an office supply store. Your tabbed exhibits should be stapled to the certification which refers to them. The business of relocation is a serious one and one that is typically handled by experienced counsel. There is case law on point which you will want to reference in your moving papers and a lawyer can write a brief to prove (hopefully) that the mother has not met her burden.
I am sorry you are risking guessing right the first time to keep your child within 1000 miles. I suggest you contact an attorney to at least review your plan.
