Legal Question in Family Law in New Jersey
Rights of non custodial divorced parent involving a child and out of state move
The situation is that the mother (remarried) of a 13 year old teen is looking to move out of state with her husband and their children. The 13 year old lives with her mother (and his other brothers and sister) and has lived with her since the divorce of the childs natural father 8 years ago. The move out of state is driven by a new job situation of her husband. The childs natural father is saying that he will take her to court to force the 13 year old to stay with him. The 13 year old has not said as of yet whom he wants to live with. His brothers and sister will be moving out of state with their mother. How has the court ruled in situations like this? What considerations are taken into account?
3 Answers from Attorneys
Re: Rights of non custodial divorced parent involving a child and out of state m
The court's greatest concern is that the child have the benefit of both parents. In this regard, a move to a neighboring state poses no great problem, but a move to the other coast does. So long as the move is a matter of economic necessity or some othe compelling necessity the move will be allowed with visitation adapted accordingly to provide the noncustodial parent with substantial time with the child. My telephone number is 800 273 7933 if you wish to discuss the matter further. You can visit my website by clicking on www.garymooreattorneyatlaw.abn1.net/home.asp.
Re: Rights of non custodial divorced parent involving a child and out of state m
Hi,
There are many factors that a Court will consider with an out of state move. For instance: the reason for the move, the distance, the best interests of the child, impact on vistation with the non-moving parent, cost of vistation, to name a few. You need to consult an attorney and file a motion to get the court's permission. The court is required by law to hold a hearing to determine whether you can remove the child. Feel free to call - 856-489-8888.
Important: Any information provided is offered for discussion purposes only. It may not apply to your specific factual situation or jurisdiction and cannot be relied upon without the advice of your own counsel. This communication does not create a client-attorney or any other client-professional relationship.
Re: Rights of non custodial divorced parent involving a child and out of state m
Thank you for your inquiry.
To remove a minor child from the State of New Jersey, you need either consent or a Court Order
It sounds like you have a strong case. However, I need to learn more facts before drawing any conclusions.
As it would be my pleasure to speak to you regarding your removal divorce, 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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