Legal Question in Family Law in New Jersey
custodial parent moving to another state
my x-girlfriend has custody of one child, I have custody of the other. She has recently begun to sell off her belongings, and told me that she is moving to Puerto Rico. the airlines told her she had to have a notarized statement from me allowing my son to go with her, or a court order saying that she could take him. Because she has taken both the children there before, left one there for 9 mos, and she is selling her things, I believe that she is a flight risk. I am not signing anything, still fear that she will find a way to go. I went to the courthouse to notify them and ask for emergency custody, but I was told that I didn't have any real proof that she was going, so they refused to even hear me. Should I just wait until she tries to leave in a few weeks? I am really worried.
1 Answer from Attorneys
Re: custodial parent moving to another state
Thank you for your inquiry.
A believe that you enough proof to justify a motion being filed to the Court in order to address the "removal" issue. However, the analysis involves whether she is acting in good faith. Actually, there is a recent New Jersey State Supreme Court case precisely on this issue.
It would be my pleasure to speak to you about your situation. Accordingly, please feel free to contact my office at 732 246 0909 to discuss further.
Very truly yours,
Edward R. Weinstein
214 Highway 18
East Brunswick, NJ 08816
Phone: 732-246-0909
Fax: 732-246-2888
E-mail: [email protected]
Web Page: www.edwardweinstein.com
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