Legal Question in Family Law in New Jersey

leaving the state

My question is this, can a spouse

take the children out of state to live without consent from the other parent, and if there are mitigating circumstances; what might they be.


Asked on 9/24/06, 1:36 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: leaving the state

no. you need either consent from the other parent, or a Court order. you get a court order by filing a motions asking for permission, and giving a good reason.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by 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.

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Answered on 9/25/06, 12:16 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: leaving the state

Simple answer is no. To take the child out of state, you need consent or a court order. If you have any other questions, feel free to give me a call or write me an email.

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Answered on 9/24/06, 1:53 pm
Gary Moore Gary Moore Attorney At Law

Re: leaving the state

If you leave the state without either a court order or the consent of the other parent you can be made to return to New Jersey. If your spouse or former spouse objects to your leaving the state with the children you must apply to the Court for an Order authorizing same.

A good reason would be a job in another state when you have none or a lessor one in New Jersey.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 9/24/06, 2:52 pm


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