Location: New Jersey
Key contexts here, the father does NOT live in my state (NJ). He was abusive, I kicked him out and he went with his mom to live in NY. He has been there since 2022. I am in NJ with the children. He started seeing them every other weekend last year. He is a 100 miles away from us. We do not have a formal custody order, as when he first left he did not even see them.
Where I will be moving (MA) for a better opportunity, he will be 193 miles away. When I informed him of the move, I let him know I will do half way driving, which would actually save him 10-20 minutes worth of driving that he is doing now. Schedule would not change at all.
My ex flipped out and hung up on me, and apparently, filed for emergency custody of the children. He was denied, I was emailed today the copy signed by the judge that it was denied.
I still am sick to my stomach. I cannot believe he tried to file for emergency custody of them. The form said the plaintiff can try to file “regular” custody. I have read that he has 6 months to do so and can essentially make me bring them back. Would this count if he is not even in the same state as the kids and I? I just want to know what I can expect. I’ve already given my notice to my landlord and I can’t back out of it at this point.
What can I expect from here?
Comments
You need a lawyer. Yes he can file for normal custody in which it can demand you move back to your original state.
You should be proactive and speak to a family law lawyer.
You can expect him to file for custody. You already understand he has 6 months to do so. Likely what will be ordered is for you to meet halfway like you already agreed as that won’t change anything for him. But if he files, you need an attorney.
Massachusetts ever sign the UCCJEA? Last I checked they were the only state that hadn’t. If not that might give you some options that you otherwise wouldn’t have.
Petition the court to get their ok to move with the kids…since he lives out of state already i don’t think it will be an issue