Legal Question in Family Law in New Jersey

Do I have the right to move out of the state of NJ with my child

My ex-husband and I have been divorced since 1996. I have full custody of my child who is 10 years old. His father has visitation rights that are every other weekend, shared holidays and 4 weeks in the summer and he pays child support. I have been unemployed since February 2002 and I am considering moving out of the state of NJ in order to find work. I have not discussed this with my ex-husband because I have no idea how he will respond. What are my rights? Do I have to file a motion to move? If so, should I file prior to actually finding a job? Is is likely that the courts will grant my motion?


Asked on 9/09/03, 4:33 pm

2 Answers from Attorneys
Edward Weinstein Law Office of Edward R. Weinstein

Re: Do I have the right to move out of the state of NJ with my child

Thank you for your inquiry. You cannot leave the state of New Jersey with the child without a Court Order.

The remiander of your question is quite complicated because this is a very fact sensative area of the law. Generally, the Court will balance between your good faith reasons for moving with the father's rights to be close to the child.

As it would be my pleasure to speak to you regarding your situation, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

214 Highway 18

East Brunswick, NJ 08816

Phone: 732-246-0909

Fax: 732-246-2888

E-mail: [email protected]

Web Page: www.edwardweinstein.com

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Answered on 9/09/03, 4:39 pm
Curtis Romanowski Romanowski Law Offices

Re: Do I have the right to move out of the state of NJ with my child

You definitely have to file a removal motion. With the advent of recent case law, you have a great probability of succeeding with your motion. The beacon continues to be the best interests of your child. If you have sole legal and physical custody right now, your likelihood of success is even greater. In the context of recent case law, you don't even have to be moving - as you are - out of necessity.

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Answered on 9/09/03, 5:44 pm


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