Legal Question in Family Law in New Jersey
Custodial Parent leaving the state
My brother is recently divorced and he and his ex-wife have a two year old daughter. She is now thinking of moving to Florida with her current boyfriend. My whole family is devastated because we love my neice. If she moves to Florida we will see ver very infrequently. Can his ex-wife take the child out of the state without consent?
2 Answers from Attorneys
Re: Custodial Parent leaving the state
She can not. Assuming that there is a judgment of divorce granting custody and visitation rights she can not move permanently out of the state with the child without the father's consent or the authorization granted by a new court order.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
Re: Custodial Parent leaving the state
In order for her to leave the state of NJ with the child she must either have the consent of the non-custodial parent or obtain the permission of the Court. It would be her responsibility, in general, to make an application to the Court for permission to leave, however, if she begins to make plans without doing so, it may fall on the father to petition the Court for an Order restraining her from leaving the state with the child. The procedure and law on this issue depends greatly upon the custodial arrangement itself, not necessarily the labels used in describing the arrangement. I strongly suggest that he consult with an attorney on this issue so he will understand the law and the procedure for this. If he would like to schedule a consultation with me, please contact my secretary, Debbie, at 856-795-6700.
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