Legal Question in Family Law in New Jersey

My soon to be ex wife and I live separately in NJ, she has physical custody. I'm currently unemployed. Looking for work. My question is, if I leave the state for a job(temporary, would return to NJ after 1-2 yrs), can she take them out of state without my permission? Also, will the court grant her permission in NJ I do not want her to move out of NJ, bc I plan to make NJ my home for life. Both her and I have all our family in state as well.


Asked on 2/08/10, 12:49 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Not sure whether your question is addressing a permanent move from NJ by your ex and the kids, or just visits out of state. If the latter, that is generally no problem. If the former, then the Court may allow it, depending on the circumstances. For a permanent move, an application should be made to the Court showing the reasons and if deemed good enough, based on certain factors currently set forth in case law, the move would be approved by the Court. By the way, your absence from the state for a 1-2 year period would probably be a factor in her favor when a determination was being made as to whether she could leave.

Keep in mind that this advice is given based on the little bit of information that you have

provided in your question. My advice may change based on other information. Further, no one

can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have any questions whatsoever, you should meet with an attorney for a full consultation before you take any further steps. Good luck! Rob Gleaner

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Answered on 2/13/10, 1:12 pm


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