Legal Question in Family Law in New Jersey

Re: ex-spouse wants to move

The ex-wife applied to the Court because, so long as there is a reasonable basis/necessity for moving and no appearance of intent to drprive the other parent of visitation, the Court will probably allow the children to move.

You might call me.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: ex-spouse wants to move

This question comes up all the time. You cannot just take the child to another state. However, you can file a motion with the court and the court may allow it. Thus, the court may allow her to go and change the visitation so that he can see the child a couple times a year during extended vacation visits. My consultations are always free, so call me at 732/247/3340 and we'll discuss the options you have available to you.

Re: ex-spouse wants to move

The ex-wife has to file and get the court's permission to move. It is called a relocation motion.

Removal of children of parents who are divorced or separated to another state is not permitted without court authorization unless both parents consent, or the children themselves consent if they are of suitable age, when the children are natives of New Jersey or have resided in New Jersey for five years. N.J.S.A. 9:2-2. Even if the children are not natives of New Jersey and have not resided in New Jersey for five years, the Superior Court may have jurisdiction over removal under N.J.S.A. 2A:34-23 , which authorizes the court, after a judgment of divorce, to make such order as to the care, custody, education and maintenance of the children as the circumstances of the parties and the nature of the case shall render fit, reasonable and just.281 Also, where New Jersey is the home state of a child under the UCCJA, or where they have resided in the Garden State for more than six months as the home state, New Jersey courts have jurisdiction to make an initial child custody determination or modification decree that may permit or deny removal.

There are many factors a court considers, and you might want to consider having an attorney help you.

Please call my office if you would like to schedule an appointment. My contact information can be obtained from the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

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.