should i wait until i get a court order to be able to move out of state, or should i just go, and take a gamble as far as whether my husband will take me to court about it? also, if he were to take me to court and insist i bring my son back, would it matter to the judge whether my son was already settled and in school? i'd like to also mention that right now, i have a temporary restraining order out on my husband, and will be fighting for a final one, and am very scared if i don't get the final order, that he will be able to come back to our home. I don't have anywhere close by to go, and would absolutely be in danger in his presence.
2 Answers from Attorneys
Doing anything without hiring an attorney first is asking for serious trouble. There is so much to respond to here that I don't even have enough space. I have two offices in Middlesex County, call me to discuss at 732/773/2768
My answer applies only if you live in New Jersey.
THE LAW IN OTHER STATES IS DIFFERENT AND THIS ANSWER DOES NOT APPLY EXCEPT IN NEW JERSEY COURTS.
It is most likely that you will need your ex's agreement to moving (it would be smart to have it in writing) or you need to get the court's permission. I am not certain of this, but this is the most likely situation.
If you are required to have permission, and you do not get it, and you move with the child anyway, you can have serious problems. Serious. You could lose custody and parenting time with your child, or even maybe have kidnapping charges against you. Serious problems.
There is a lot at risk here, and you do not want to risk losing all of that.
You need a lawyer to sit down with you and give you some advice.
I can explain things in detail in person after we talk. I will explain what legal issues I see, and what I can do to assist you.
This will be a free consultation. After we talk, you can decide what you would like to do.
Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Robert Davies, Esq. 201-820-3460
The Davies Law Firm, P.A.
45 Essex Street, Suite 3 West
Hackensack New Jersey 07601
Email: [email protected]
DISCLAIMER: Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.