Legal Question in Family Law in New Jersey

ex wife moving out of state and wants to take minor child

My husbands ex-wife informed us tonight that she is moving from New Jersey to Florida and plans to take their 8 year old child. The custody agreement is joint legal custody with the mother as primary physical custodial parent. The visitation is every weekend. Can she move her out of state if my husband contests it since he has joint legal custody?

We have offered to take his daughter full time but his ex wife will not do it, she is determined to go to florida. Is there anything we can do?

Asked on 10/13/02, 9:05 pm

2 Answers from Attorneys

Drew Hurley Law Offices of Drew M. Hurley

Re: ex wife moving out of state and wants to take minor child

New Jersey law provides three ways that a parent can permanently (I'm assuming the ex wife wants to go to Florida on a permanent basis) take a child out of State. The first is if the child is old enough to give consent. This is usually around 13 or 14 depending on the maturity of the child. The second is with the consent of the non custodial parent. The third is by Court Order. Obviously, the third is the only route available to the ex wife here. The burden is on the parent wanting to leave New Jersey to make the application to Court and provide enough evidence for the Court to grant the request. In this case, your husband should probably go to Court first to get a restraining order preventing the move until a hearing can be held. It's much easier to do if the ex-wife is still here as opposed to having her and the child in Florida.

Please call me if you have any questions.

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Answered on 10/14/02, 9:49 am
Edward Weinstein Law Office of Edward R. Weinstein

Re: ex wife moving out of state and wants to take minor child

Thank you for your inquiry.

The ex-wife may not leave the state of New Jerset with the minor child without a Court Order permitting her to do so. If she is adament about leaving, an application must be made to the Court immediately.

As it would be my pleasure to speak to you regarding your situation, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

214 Highway 18

East Brunswick, NJ 08816

Phone: 732-246-0909

Fax: 732-246-2888

E-mail: [email protected]

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Answered on 10/14/02, 7:51 am

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