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My ex-wife wants to move 3 hours away, what can I do?

Question Details:Currently, I have an 11 year-old child. I have custody on two days a week and every other weekend. My ex and her new husband want to move 3 hours away. I am involved in my child's schooling and things such as girl scouts. My child has asked me to stay with me. What are my options?

Asked 2 years ago under Child Custody, Support, Adoption | 848 Views | More Legal Topics

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B. B., Member, New Jersey Bar | FreeAdvice Contributing Attorney Answered 2 years ago

One option, certainly, is to file a motion to take over primary residential custody.  Your daughter is old enough that if she is of at least average intelligence and maturity for her age, the judge will listen to what she wants, and why she wants it.  That won't be the only thing considered, by a long shot, but it will matter;  the fact that your ex's proposed move would uproot your daughter from her school and her girl scout troop is a very real concern, too.

I'd very strongly suggest talking to an attorney about this.  Having a lawyer present your case can make a very big difference in these situations, and the approach has to be sensitive to the factual details.

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