Legal Question in Family Law in New Jersey
Consent to take the kids out of NJ
if a divorce couple have joint legal custody of the children, Can one parent take the kids out of the state even for a short period of time without having the consent of the other parent?
4 Answers from Attorneys
Re: Consent to take the kids out of NJ
Usually consent or a court order is needed to take a child out of the country or to move to another state with a child, permanently. If you are talking about visiting Disney World go on and enjoy yourself.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Consent to take the kids out of NJ
Mr. Moore pretty much stated the law for you, you can visit NYC, philly, Florida or whatever, you can just can't move there unless you have a court order or the other parent's consent.
If you want to go to court to contest a removal or to remove the children yourself, I suggest you get an attorney as it can be very diffuclt to do.
Re: Consent to take the kids out of NJ
As long as the parent does it during his or her own parenting time, the technical answer is yes, since the removal statute does not apply to a visit outside of the state. However, the child's best interests must still be served in that the other parent should be notified and other circumstances surrounding the child should be considered.
Re: Consent to take the kids out of NJ
You can not take the child out of the State of New Jersey, without permission from the other party or the Court, or you will risk court action against you.
Vacation: sure, a visit to Manhattan or Florida for a week should be fine, and you should get your ex-spouse to agree to it.
If there is a lot of conflict, and you can not get your exspouse to agree, then you had better see an attorney before you do.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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