Legal Question in Family Law in New Jersey
Can a toddler be taken out of state if wife leaves NJ?
My daughter-in-law wants to leave my son and take their 2 year old with her to Florida. My son would like his little boy to stay in NJ and would like to either have full or shared custody. He is very, very close to this child. Can she take him away and to Florida or must she stay in NJ?
3 Answers from Attorneys
Re: Can a toddler be taken out of state if wife leaves NJ?
As Mr. Moore said, the only two ways the child can go to Florida, is either consent or court order. If she just takes the child without either of those things, I would rush right into court. If they file a motion beforehand for "removal" then I suggest getting an attorney.
My initial consultations are always free, so feel free to call me at 732/247/3340 to discuss the case.
Re: Can a toddler be taken out of state if wife leaves NJ?
I have read what the other attorneys have said. As usual, Jef and Gary are right on target.
I would suggest that your son immediately find an experienced divorce attorney near him. He is obviously going to need some advice, and will need to know what his options are.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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Re: Can a toddler be taken out of state if wife leaves NJ?
The child can not be lawfully taken from the state on a permanent basis without either the consent of the noncustodial parent or a court order.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com