Legal Question in Family Law in New Jersey

My step-sons mother is planning to move to Florida with him and her fiance. We all live in New Jersey now and we get my step-son every weekend and have him for every holiday. My husband and his ex were never married and never went to court for custody and child support. She has told him of her plans to move, but has never actually asked his permission. My step-son is eleven years old and all his family is here. He has no family what-so-ever in Florida. Can she legally move without his permission and if she does, is it considered kidnapping? My husband and his son are extremely close. My step-son has expressed his opinion on the move and he does not want to go. He has also just told us that he is scared of his soon to be step-father and that he has put his hands on him and yells in his face. What can we do legally to stop this move?

Asked on 8/31/15, 4:22 pm

Gary Moore Gary Moore Attorney At Law

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DmShr needs either the father's consent or the authorization of a court order. The child's fear of new stepfather vcould raise custody issues.

Answered on 8/31/15, 4:37 pm

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

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Call me at 1-855-9-JEFLAW to discuss

Answered on 9/01/15, 8:16 am

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