Legal Question in Family Law in New Jersey

Wanting to move out of state with fiance in the military.

How can I go about moving from NJ to GA with my fiance that is in the military. One child I have sole legal and residental custody. Father is always in and out of jail. Pays his child support only when he gets put back in jail. And the other we have joint custody but father doesn't follow order. He had given me a verbal ok and when I try to get it written he disappears. He doesn't want the hassle of going to court. What is the best way to go about this? My fiance and I are the primary caregivers for these children.


Asked on 2/04/09, 5:56 pm

3 Answers from Attorneys

Richard Vallario Richard W. Vallario Law Office

Re: Wanting to move out of state with fiance in the military.

NJ requires that you have a Court Order to remove the child to another State. Based on your description, my opinion is that the Court would permit you to leave even if the father objects.

If the father agrees, you can ask him to sign a Consent Order which would then be sent to the Judge. If not, you need to file a Motion.

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Answered on 2/05/09, 2:19 pm
Richard Vallario Richard W. Vallario Law Office

Re: Wanting to move out of state with fiance in the military.

NJ requires that you have a Court Order to remove the child to another State. Based on your description, my opinion is that the Court would permit you to leave even if the father objects.

If the father agrees, you can ask him to sign a Consent Order which would then be sent to the Judge. If not, you need to file a Motion.

Read more
Answered on 2/05/09, 2:20 pm
Richard Vallario Richard W. Vallario Law Office

Re: Wanting to move out of state with fiance in the military.

NJ requires that you have a Court Order to remove the child to another State. Based on your description, my opinion is that the Court would permit you to leave even if the father objects.

If the father agrees, you can ask him to sign a Consent Order which would then be sent to the Judge. If not, you need to file a Motion.

Read more
Answered on 2/05/09, 2:21 pm


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