Legal Question in Family Law in New Jersey
out of state
My son is 7 and his father has just started dating a woman (8 weeks) who lives in Maryland; we live in NJ. He takes my son to her house every other weekend, without my approval. Is he allowed to do this?
3 Answers from Attorneys
Re: out of state
He cannot move to another state without your consent but he is permitted to vacation and visit. His situation is kind of inbetween and it will be up to a judge. I suggest you get an attorney if you really want to throw everything at this.
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Re: out of state
If you do not approve of your husband taking your son out of the State you have the right to preclude him from doing so. Your best bet is contacting an attorney so that the attorney may bring an application to the court precluding your husband from removing your son from the State without your permission. There are some additional questions that an attorney would need to ask you regarding who has primary physical custody of your child. If you would like a free initial consulation please give me a call at 215/592/0780.
Re: out of state
It is hard to answer your question without more detail. If you have a signed Agreement or a Final Judgment of Divorce, what he can do is controlled by that document. If not, it is more of an open issue. Certain perameters would certainly be in order and the issues should be explored with him (if possible) and if not, then a Court may be required to take a look at it, by way of a filed Motion.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner