If I have joint custody, do i have to stay in the same state?

Question

If joint custody is granted to my daughter's father does that mean I have to stay in the same state? We live in New Jersey. I want 2 move 2 Florida. We go to court in November and I doubt they will find any reason to give me sole custody. He is trying to get joint and have her live with him but she would get out of school after he was already @ work and he doesn't get off any earlier than 11:30pm so I am hoping they won't take her from me. there isn't anythng here 4 me anymore and I have an opportunity 2 move 2 Florida. I'm afraid i won't b able 2 though if they grant joint custudy.

P/S - what are his chances of getting joint but her living with him?

Answer 1

Okay, here's the deal. He's only asking for custody because you plan to move and he wants to stop you. You need to show that the move is good for your daughter for the following reasons:

You have better job/career opportunities
You will have family nearby to help out
The child would have a better living environment
You can still provide proper visitation with the child's father and allow them to maintain a close relationship (come up with a plan you can follow).

You may need to show that the girl's father hasn't been using the visitation he has now, lives in an environment unsuitable for the child, or cannot otherwise properly provide for her.

The court may rule you cannot move the child that far. They will not allow the disruption if it's an opportunity you could have in NJ. For example, they won't let you take her to Florida just because you like it there better or a friend or boyfriend is moving there. In fact, another man in your life would not be a good reason at all unless you are getting married.

Unless you've really done some unsavory things, it's unlikely the court will remove the child from your home to grant primary physical custody to the father. The court's tend to stick with the status quo unless there's a really good reason to change.

You'll need a GOOD attorney for this one, a custody and visitation specialist. Don't even think of trying to get this through the court pro se. You need someone who knows the case law on relocations.

Answer 2

Most courts favor joint legal custody, and visitation for the other parent. But also he does have the right, in the courts view to protest a move, and often if you insist on moving to another state, the courts can and will grant custody to the parent who isn't relocating. I would just hold out and stay put, so you can maintain custody of your child. You willl probably NOT be moving that far away unless you give your child to your ex.

Answer 3

No it doesn't mean you have to live in the same state that he does.
However, it will take longer in court to establish your right to move with your daughter.....YOU BETTER HAVE A LAWYER With you when you go to court...
the courts usually don't award custody to a father , unless the father can be prove you are unfit..which is usually very hard to do.
There is one thing you need to know...the court will want to know why you want to move to FLA.
It needs to be a good reason....
Do you have work and a place to live..in FLA. because the court will ask.
the only stipulation that the court may put on you is..that you may have to pay to have your daughter transported back and forth to visit her father....And they will hold you to that.
Joint custody is the friendly way of saying you two work out the arrangements and be nice.

Answer 4

Joint custody means you guys would share parental time 50-50. That usually means 6 months with you then 6 months wth him. If you plan on moving that far away, be prepared to provide transprotation costs for getting her back and forth. If he wants her to live with him 24/7, 365 he would have to go after sole custody.

Answer 5

Alot of parents that have joint custody don't live in the same state. I don't think there is any chance of getting joint custody and living with him, It is probably the courts decision or her decision of who she wants to live with.