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?


Asked on 11/16/06, 9:40 pm

4 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

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

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Answered on 11/16/06, 10:07 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

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.

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Answered on 11/16/06, 11:21 pm
Frank LaRocca LaRocca & Associates, PC

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.

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Answered on 11/17/06, 10:40 am
Robert Davies The Davies Law Firm, P.A.

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.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 11/17/06, 11:40 am


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