Legal Question in Family Law in New Jersey

You said you would hire a lawyer, so I wouldn't file anything until you get one. I would actually try to prevent the move as it sounds like you do not agree with it. In order for her to move, she has to file for removal. You could always file a motion to prevent it if she doesn't file for it. Either way, I think you have a good shot here but there is a lot to discuss. You can call me at 732/247/3340.

She need either your consent or the authorization of a court order to move out of state lawfully. You should not start a new custody action because your final judgment of divorce controls the custody issue. You must file a motion under the divorce case to modify the judgment as to applies to residential custody. You should not wait until she files for permission to move out of state with the child because you will seem to be reactive and not positive. You can get residential custody, based on the reasons which you have given, but no one can predict the

outcome of your application.

Call me if you like.

Do not delay. You need an attorney immediately. It appears to me that you have a decent chance of prohibiting the move of the child. If nothing else, you should be able to get very liberal parenting time and have her pay for transportation costs.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck!

I woulld immediately file a motion to prevent her from leaving the state of New Jersey with your child. They are called relocation cases and are governed by the controlling statutory law is which is N.J.S.A. 9:2-2 and the precedential case in the state of NJ is Baures v. Lewis, 167 N.J. 91 (2001). The Baures case looks at 12 factors, and the facts of your case need to be applied to Baures.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of 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.