Legal Question in Family Law in New Jersey
Can she take my daugher away from me
I am the father of a four year old. I was never married to the mother and she has residential custody of my daughter. The mother and I are no longer together. I see my daughter every Sunday and keep her overnight then bring her to day care Monday morning. I was seeing her two times a week but I had an injury, then work picked up and so I continued seeing her on the Sunday schedule. I have a loving relationship with my daughter and have always helped her mother out -for instance she recently took a four month course in which I had my daughter two nights a week for the last four months. Out of nowhere her mother just informed me that she wants to relocate to Florida with my daughter b/c her boyfriend of several months is relocating. Does she actually stand a chance to take my daughter out of state without my consent?
3 Answers from Attorneys
Re: Can she take my daugher away from me
She needs either the authority of a court order or your consent. Whether she will get the court order depends upon various considerations.
Re: Can she take my daugher away from me
The answer is, as often in law, maybe. Without your consent to the move, she will need to apply to Court for permission to "remove" your daughter to Florida. The process is called a "removal application." On the other hand if you think she's just going to pick up and leave one day, you should strongly consider going to Court first to seek an injunction stopping her move until the removal hearing can be held. I must tell you the process is relatively complicated. You might well consider contacting an attorney of your choice to further discuss this matter. Please note that my office address is now 69 Grove Street in Somerville.
Re: Can she take my daugher away from me
Yes she does stand a chance. However, she must obtain the permission of the court. You should have representation as this can be a complicated area of the law. If you would like to schedule a consultation, please contact my secretary, Debbie, at 856-795-600.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
