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?


Asked on 12/22/06, 8:46 am

3 Answers from Attorneys

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

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.

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Answered on 12/22/06, 10:14 am
Robert Davies The Davies Law Firm, P.A.

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.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 12/22/06, 10:38 am
Gary Moore Gary Moore Attorney At Law

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

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Answered on 12/22/06, 9:19 am


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