Legal Question in Family Law in New Jersey
Relinquishing parental rights
I have a son who hasn't seen his dad in over 6 months, we live in PA and he lives in NJ. I have an opportunity for a better life for us in NC, do I need his permission to go or does he have to relinquish rights, also if he does, does my son lose the child support he sends?
2 Answers from Attorneys
Re: Relinquishing parental rights
He cannot give up rights so that he does not have to pay child support unless there is an adoption. As far as NJ is concerned, you need his consent to move or you need to file a motion with the court. However, you live in PA so you may want to ask a PA attorney.
Re: Relinquishing parental rights
If you and you child have lived in PA for over 6 months then you would look at PA law. The exception is if the order says NJ retains jurisdiction.
Under PA law he could challenge you move but if indeed YOU would be better off financially you've passed the primary relocation test.
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{John}