Q: Can a mother take a child away from the father and move out of state? The child has been living with the father in NJ.
They never had a court order, just a verbal agreement to avoid court, mother would visit the son every other weekend, but recently, the mother picked the son up from school without the fathers permission and left to another state to GA. Law enforcement would not do anything prior to her leaving NJ because the father does not have a court order. His son has been living with him for over 3 years and is now 10 years old. Is there anything the father can do? I'm asking for a friend, thank you.
A:
Hello and thanks for your question. I'm sorry your friend has found himself in this difficult situation, and right off the bat I'd like to advise that he get to the court to file an emergency application as soon as he can. Even though there was no formal agreement between your friend and his child's mom, the law in New Jersey is clear: you cannot take a child out of the state of New Jersey without the permission of the child's other parent or a court. And, after the recent Bisbing case, to get permission from a judge, the mom must show that the move is in the child's best interests.
When I say file an emergency application, I mean what we lawyers call an Order to Show Cause. Filing this emergency motion with the court gets your friend in front of a judge that day. He should ask for custody of his son along with asking that she return to NJ with the child immediately. Now, these types of applications can get a bit tricky, so seeing a family law attorney at least for a consultation is something that can really assist your friend on how to move forward.
The judge will most likely order the return of the child immediately, but there will be several more court appearances so the judge has the time to consider all the facts to decide not only about the relocation, but also about who will have custody, how parenting time will work, etc. So, there is a bit of a long road ahead.
I again encourage at least a consult with a family law attorney in your area who is really experienced in custody and relocation. We have a state-wide practice, but many other family law firms also offer free consultations. I hope this was at least a little helpful and I wish you luck. Regards, Bari
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