Ask Me Help Desk - Parental RIghts

The man I had a baby with keeps telling me that he is putting an injuction on me to get the courts to force me to move from Nutley New Jersey where I am living with my family back into New York City so that he can be closer to his daughter. I am only 11 miles out of the city limits. Can he force me to move to a place I can not afford?

I don't think he can, but I could contact a lawyer. And get some legial advice.

It depends on the visitation rights he was awarded. We really need more info. But I doubt if a judge would consider it a great hardship for him to travel to Nutley for visitation.

Quote:

Originally Posted by GinaF

The man I had a baby with keeps telling me that he is putting an injuction on me to get the courts to force me to move from Nutley New Jersey where I am living with my family back into New York City so that he can be closer to his daughter. I am only 11 miles out of the city limits. Can he force me to move to a place I can not afford?

Were you in NYC with the baby and then moved to NJ? Was he aware you were moving? How long ago was that? Is there a child support order and/or visitation order?

You would have a very good argument - if he decides to take you to Court - that you have the financial and emotional support and assistance of your family in NJ and will not have anyone in NYC.

Exactly how far apart are you? (Sorry to admit I have no idea where Nutley, NJ is.)

I doubt you will have to move... however you may be ordered to meet halfway for visitation.

That sounds more reasonable.

Quote:

Originally Posted by GinaF

The man I had a baby with keeps telling me that he is putting an injuction on me to get the courts to force me to move from Nutley New Jersey where I am living with my family back into New York City so that he can be closer to his daughter. I am only 11 miles out of the city limits. Can he force me to move to a place I can not afford?

Thank you all for your answers. To give you more info, the courts gave the father two days a week and every other weekend. There was nothing said about moving. I told him four months before I went and he waited until the last minute to voice his objection. In the two years our daughter has been alive he has cancelled countless days of his visitation. Regarding my move home. I was broke from lawyers fees and my job wasn't paying enough to raise a child and live on my own. In New Jersey (11 miles) outside the city I live with my family and just a few miles away, I have aunts and uncles that all help me with my child. I have tried to be fair to the father even bringing her to him. He just gets bitter and decides that scaring me will make him feel better. I can't afford a lawyer so I just thought someone out there might be able to help me understand my rights so I can stop being afraid.

Quote:

Originally Posted by GinaF

Thank you all for your answers. To give you more info, the courts gave the father two days a week and every other weekend. There was nothing said about moving. I told him four months before I went and he waited until the last minute to voice his objection. In the two years our daughter has been alive he has cancelled countless days of his visitation. Regarding my move home. I was broke from lawyers fees and my job wasn't paying enough to raise a child and live on my own. In New Jersey (11 miles) outside the city I live with my family and just a few miles away, I have aunts and uncles that all help me with my child. I have tried to be fair to the father even bringing her to him. He just gets bitter and decides that scaring me will make him feel better. I can't afford a lawyer so I just thought someone out there might be able to help me understand my rights so I can stop being afraid.

You don't need an Attorney - this is a Family Court matter. I would sit tight and see what he does next. It would appear from what you have said that you HAD to move financially and in order to get help raising your child; it would have been a good idea to apply to the Court for permission to move before you actually did so but I don't know that's an overwhelming obstacle. You have good arguments concerning how far you moved (a very short distance) and why you moved. I live in a rural area and if I moved across town it would be more than 11 miles!

I will also be surprised if the Judge orders you to meet half way if the distance is only 11 miles - unless there are some extenuating circumstances.

Stay your ground and wait to see what he does next. The advantage of NOT having an Attorney in Family Court is that the Judge really, really listens to you and you can make good arguments in your favor. What is he going to say? (Cross the State line has nothing to do with his arguments concerning visitation; it's going to be all about the 11 miles.)

Well it was stated she moved 11 miles "out of the city limits"... we don't know how far the move was from where the father lives.

You really just need to go over the original visitation order with a fine tooth comb, and see does it say anything at all regarding moving out of state... period. It doesn't matter if you moved right on the state line... if you moved out of state without consent (if you needed it) then the father can easily file you in contempt of a court order.

If you can find NOTHING in the court order (fine print and all) about moving out of state then you should be fine, and just wait and see what he does. My daughters father and I lived in the same city and we were still ordered to meet halfway for drop off and pick up.