Legal Question in Family Law in New Jersey
Father's Rights to Prohibited Steps Orders
My wife constantly threatens to leave me or suggests we live separately after every heated argument which is not very often. Yet after our most recent spat, she made steps to resign from her job, move to a shelter with my 3 month old son because she does not qualify for Section-8, and move in with her parents in Florida. We�ve recently reconciled over the issue but I would like to take precautions to prevent any further threats from becoming a reality. We are not separated nor planning a divorce, yet can I file for some type of injunction preventing her from moving out-of-state without my consent.
1 Answer from Attorneys
Re: Father's Rights to Prohibited Steps Orders
The wife can not lawfully move out of state with your children without your consent. If she does you can file a criminal complaint against her for denying you custody/visitation which is a serious criminal offense on which she can be arrested in the state she moves to and compelled to return to New Jersy. Civilly you can proceed in court to compel your wife to return your wife to New Jersey.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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