Can my daughter's mother move to another state because her new husband is getting a promotion? What happens to my visitation?

Adults are free to move where they want. A judge cannot prevent your ex-spouse from moving. However, a judge can prevent the child from moving. Most states use some sort of best interests of the child test or factors to determine custody and visitation matters. So, the issue will be does relocation with mother or transferring custody to father best benefit the child. Some states use a unity of interests view that what benefits the custodial parent will accrue benefits to the child. Other states examine the issue looking solely at benefits to the child. The matter of concern is whether your daughter's relationship with you and the benefit she derives from that should be impacted because of mother's move. Most states have a requirement that parents notify each other prior to moving. One can seek an injunction to prevent moving the child(ren) until there is a custody/visitation hearing. Relocation cases are terribly fact dependent. More than about any other area of law, each appellate opinion on matters of relocation is nearly unique to its particular facts and outcome. Possible outcomes from contesting relocation run the entire gamut. You could end up with primary physical custody and the mother is traveling for visitation. Your daughter could move but the mother is responsible for all transportation and you get all school holidays and the entire summer vacation. You could also end up with less than you have now and doing the transportation. Keys to success will be early intervention and working with counsel knowledgeable about relocation matters for your state.

I agree with the attorney above about your child custody case in New Jersey. Hire an attorney quickly so that you can begin to mount your case about visitation rights in Somerville when she makes a motion to move away with your child.

First of all, if you are fearful the mother may move in the dead of night, be proactive, hire your counsel immediately, and file a case to prevent the move. Now you may or may not win it, but it will compel the mother to address this matter and require the mother to put her plan out there for you and the court. This will force her to think and provide details about moving away with your daughter now not later. Legally in NJ, the reason for the move must be in good faith. Since she is married and her husband has a promotion opportunity, that’s easy, she has good faith. Second, and more important, the move cannot be inimical (against) the best interest of the child. Here is where you are in the game. It seems you are a good dad and have a good relationship with your daughter. Good for you. You basically have about 60 overnights a year and 104 evenings a year. The mother’s plan, and legally she has to advance a plan and have it approved by you or a judge BEFORE the child gets to go, is going to have to be not identical, but seriously comparable, to your current plan. Legally the moving parent has to pay the cost of maintaining the new plan since they are moving (transportation fees etc.) but despite that, often judges make the parties share the new costs and build it into new child support calculations considering the new plan. If the mother commits to a similar plan, 80 miles is indeed far, but not insurmountable. While the 2 nights a week is tough to do 80 miles away, perhaps in exchange you can negotiate more overnight time? The evening time is 4 hours a week or 104 hours a year. 104 divided by 12 (the family law legal definition of an overnight) turns into 9 days. Perhaps you can negotiate an extra 25 days a year on top of your 60 by eliminating the weekly 2 hours but also by adding a day or too overnight a month and the rest of it over holiday breaks and in the summers? You could make some cool plans in the summers. You could still negotiate in and make time during the year to go and see your daughter in Philly or have her come to you etc. You could put an agreement in writing in advance as the mother has an interest in not litigating and procuring your permission to go. But you want the signed agreement first. If you are serious about being dad, do it the right way, hire your counsel. The courts are not going to take your interests as seriously as you expect if you don't also show them you’re just as serious about being a quality dad. Many people come and go in and before the family court. Hire your lawyer. Your lawyer speaks the language and identifies the legal issues and can help solve potentially emotional, far reaching, and potentially damaging problems to yourself and daughter, and even between the daughter and mother. I am available and proximate if you would like professional assistance. Good luck.