Legal Question in Family Law in New Jersey

Removing child from state

My ex wife has decided to move to New York State. Does she need my permission to remove my daughter from New Jersey and cause me to drive 90 minutes each way to visit my daughter? She never even approached me until her decision was made. She is moving to move in with her new ''significant other'' and his children in the middle of my daugther's senior year of high school. To make matters worse, its an interracial relationship and my daughter will be subject to that much more pressure. Do I have any remedies? She's moving this weekend!

Asked on 11/11/02, 2:23 pm

2 Answers from Attorneys

Drew Hurley Law Offices of Drew M. Hurley

Re: Removing child from state

I concur with the prior answer, except to add that the law provides that there is a third way your spouse can remove your daughter, and that is if she (daughter) consents. Since she is a senior in high school, she is of sufficient age (absent some handicap) to make the determination. If she wants to go, a court will almost invariably permit the removal.

Good luck.

Drew Hurley, Esq.

Read more
Answered on 11/12/02, 2:32 pm
Jeffrey Brown Jeffrey R. Brown, Esq., LLC

Re: Removing child from state

The general rule is that in order to permanently relocate to another state with your daughter, your ex-wife would need either your consent or a Court Order. There are a number of reported cases in this State that deal with the relocation issue you are now facing, as well as what factors a judge should consider in allowing or disallowing the relocation.

Should you wish to discuss your matter further, please contact me.

Read more
Answered on 11/11/02, 9:42 pm

Related Questions & Answers

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