Legal Question in Family Law in New Jersey

I was divorced in Arizona and currently live in New Jersey. I have joint custody of three children. My ex husband wants to move back to Arizona with the children and I am not financially able to do so. Can he do so without my consent? Is there a certain age when children can make these decisions on their own? I don't want the children to leave.


Asked on 3/28/11, 6:19 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

No, he can not leave unless either you consent or a Court says he can take the kids.

Call me. I can help you, and try to put a stop to this nonsense. No charge for the first office visit, we will talk this over, and you can decide what steps you want to take.

Robert Davies, Attorney 201 820 3460

Read more
Answered on 3/28/11, 7:47 pm
SAUL SEGAN SAUL H SEGAN ATTY AT LAW

Need to know which county you are in--

No, he can't just pack up and go without adequate notice and court approval...

You might want to file a preventive action.

I practice in NJ and PA...

I handle the southern half of the state....If you are up north, Mr. Davies would be an excellent lawyer to call....

No charge to chat

215 732 4000

www.saulhsegan.com

Best wishes,

Read more
Answered on 3/30/11, 3:51 am
Philip Burnham, Esquire Burnham Law Group, LLC.

It is true that a party cannot just leave the state of New Jersey without the consent of the other party or a written court order, however, from the information you provided, I am not able to tell if New Jersey has jurisdiction. You and the children would have to be residents of New Jersey for six months for New Jersey to have jurisdiction. If you have resided here for six months, I would recommend filing an immediate action to register the Arizona divorce judgment in New Jersey to presumptively establish jurisdiction in New Jesey. There are other actions you should also take to keep him from leaving with the children.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer:

You can not rely on the advice of 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.

Please be aware that the above comments are neither protected by attorney-client privilege, nor may be the basis for a malpractice lawsuit should the suggestion be followed with undesirable results.

Read more
Answered on 3/30/11, 1:47 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Jersey