Legal Question in Family Law in New Jersey
custody of child
if im paying child support and we never went to court about custody so we both still have custody can the mother leve the state with my kid
2 Answers from Attorneys
Re: custody of child
She needs either your consent or a court order to permanently remove the child from New Jersey.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: custody of child
I strongly suggest that you step up and take the bull by the horns and affirmatively claim paternity legally in court and have the issue formally proclaimed as there is no actual claim of paternity in a legal sense unless the child is born in wed-lock when it is presumed your child. Otherwise that you hold the child out as yours is some evidence of a paternity claim but not like an adjudication of paternity. You owe it yourself and to your child to do this. You may not be able to stop the mother from moving once the court hears the case because the standard has been liberalized by the NJ Supreme Court under the theory of our society being mobile. If you do not assert your legal rights, you may lose your legal rights. If the court lets her move, at least you can have a framework for contact that is legally enforceable. Do it now before your fighting the case in a foreign jurisdiction. I handle these matters. Also I believe I answered this question in another context so check my answers fro more information.