Legal Question in Family Law in New Jersey

Residentail Custody

My ex-boyfriend and I have a daughter and she's 9 and we have joint residential custody. I have since married and my husband's job is about to relocate to another state. Do I have a right to move out of state with my husband and daughter and if so, what do have to do?


Asked on 3/25/04, 9:52 pm

2 Answers from Attorneys

Bruce Matez Gerstein Grayson, LLP

Re: Residentail Custody

You may not move out of state without the father's consent or permission from the Court. If he will not consent, you must file an application seeking to relocate with your daughter out of the State of New Jersey. You must show a good faith basis for the move and that it is not inimical to your daughter's interest. Your husband being transferred should suffice for the initial burden. The Court will then schedule a hearing on the issue. The Burden then shifts to the father to show that the move would be contrary to your daughter's best interests. If you would like further information, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation with one of our Family Law attorneys. You can obtain more information about our firm by visiting our website at www.gersteingrayson.com.

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Answered on 3/26/04, 5:19 pm
Gary Moore Gary Moore Attorney At Law

Re: Residentail Custody

You need the consent of your child's other parent or the authorization of a court order obtained by filing a motion with the court requesting same.

If you require more information you can call my office for a brief conversation and/or a consultation at my office.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 3/25/04, 10:28 pm


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