Legal Question in Family Law in New Jersey
Leaving the state with children
My sister in law lives in NJ she is married and has 2 children. Her husband is very verbaly abusive she wants a divorce but is affraid to tell him because he may get violent. Since niether of them have sole custody and there has not been any kind of court orders can she take her kids to florida where her mother is and then tell him she wants a divorce? She plans on staying in FL.
2 Answers from Attorneys
Re: Leaving the state with children
You would have to check with a NJ attorney, as to the relocation laws related to family law cases. However, if she relocates with the children to Florida, and the father remains in New Jersey, jurisdiction over the children remains solely with New Jersey, for at least the next six months. A Florida court could only exercise emergency jurisdiction if the children, not their mother, were in physical danger if they were returned to New Jersey. But to file a divorce in Florida, she will need to have lived her for at least six months.
Mark Hanks
Attorney Hanks, PA
St. Petersburg, FL
Re: Leaving the state with children
I suggest she see an attorney as soon as possible to discuss all of her options. She can call me at 732/247/3340 to discuss.
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