Legal Question in Family Law in New Jersey

Re: taking a child out of state

She still needs to file a motion with the court. I suggest she see an attorney ASAP.

Re: taking a child out of state

Hi:

I am very sorry for the situation that your daugter is experiencing.

Unfortunately, to avoid further complications, she should speak with a lawyer to file motion papers with the Court to determine custody, visitation, paternity, etc.

Good Luck

Re: taking a child out of state

Your daughter needs to hire a divorce attorney and get some advice before she does anything. There are a couple of things that you have raised that a lawyer can help with.

If your daughter lives in northern NJ, have her call me. I am in Hackensack (northern New Jersey). I will be happy to discuss this; a brief 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.

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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.

Re: taking a child out of state

Thank you for your question, and I see from the response of other lawyers, that no one is quite sure where your daughter lives. Frankly, that makes a great deal of difference, and none of us can properly give you advice without more information. I see from the question a reference to both Minnesota and New Jersey, and guess that you live in one state and your daughter in the other.

I can only give you advice relative to Minnesota. It is possible the law of other states will differ on the points discussed below, but should your daughter live in Minnesota this may be helpful (although she should clearly review this with an attorney who has more information than can be provided in this forum.)

Whether or not your daughter is married, and whether the father pays child support are, for the most part, irrelevant to the question raised in your message. Instead, the question is whether he has been adjudicated the father in a paternity proceeding, or signed a Recognition of Parentage (assuming the child was born in Minnesota). If he has not been adjudicated the father, and has not signed a Recognition (and if the mother and child have lived in Minnesota), then she has sole physical custody as a matter of law. Further, he does not even have parenting rights, although he could petition for them, and if he is not abusive to the child, would probably be awarded time with the child. Until he petitions the court, however, it is almost as though he doesn't exist under Minnesota Law. Under that circumstance, there is nothing to prevent her from moving out of Minnesota with the child. She would not likely be in violation of the "child kidnapping" statute in Minnesota. Nevertheless, in the event she moves, she should probably do so with some sort of notice, which does not mean she must obtain his permission, but that she should advise him (presumably in writing, if abuse is an issue) that she is moving and provide updated contact information (where she is moving to, new phone number, etc.)

If he is genuinely "abusive," and has placed your daughter in fear of imminent harm, I would encourage her to petititon for a domestic abuse restraining order. That can be done (in Minnesota) at any court house, and generally without the assistance of a lawyer, although it is recommended that she discuss the matter with one.

This is only general information, and I must caution you that neither I nor any of my colleagues has sufficient information to provide you with formal legal advice. In fact, none of us can reliably comment on which state would have jurisdiction in this matter. I would encourage your daughter (or you, if you are assisting her) to contact a lawyer in the state where she lives and inquire about her options. Many more facts are necessary to properly evaluate this, and she deserves a competent opinion.

If you have further questions or concerns, my contact information is below. Good luck.