Legal Question in Family Law in New Jersey

Re: Relocate

children who are natives of the State of New Jersey may not be removed from the jurisdiction without the consent of both parties or appropriate Court order. Assuming that your son's father doesn't consent and a Court order is required, then the custodial parent seeking the move must: (1) establish that a sincere, good faith reason exists for the out-of-state move; and (2) whether the move will be in the best interests of the children or will adversely affect the visitation rights of the non-custodial parent. This will have to be established through filing a petition and a subsequent hearing.

If you would like a free initial telephone consultation, please feel free to contact me. My contact information is listed below.

Re: Relocate

The other attorney detailed the procedure for you already. I strongly suggest you get an attorney to help you as it can be difficult to handle the legal issues without a formal legal education.

Re: Relocate

The NJ Supreme Court has made it easier for a parent to relocate if there is some kind of accomodaton of the other parent's parenting rights. Since the child is young and has little realtionship with the child the ususal long summer visitor holiday visit may not work. Your standard is not a hard one to ovbercome to get the court's permission to move but unless the other parent agrees (in writing preferably) you willto go to the family court to get a court order. You need to see a lawyer familiar with these matters. A hearing will be required if he resists.