Q: My kids mom wants to move thousands of miles away. Can she do that even though im obviously opposed to it?
My sons three and we live in NJ. Me and her were never a couple or married or anything to that extent. In lack for better words,Things happen. We are civil with each other and have never gone through court for anything. Now she wants to go to MO or AR. She wants to move out there ever since her bf started driving trucks down there. I guess he wants her to move down. She has no family there all of them are in NJ. I know schooling is way better here and i believe shes just following a man. Nothing for the better of my son. My son is mostly with me always, but he lives with her. I think im his favorite truth be told. Its not anything against her but everything about my son. What could i do? Can i do anything? My sons very attached to me. I don't think the move will be right for him.
A: You'll need to challenge the relocation in court. If there's a parenting time agreement the relocation might be in violation of your agreement. But regardless, as a non-custodial parent you should file a motion asking the court to prohibit her relocating your son outside NJ. The court will decide based on several factors including whether the move is in the best interest of your son (not her). Your son has a right to be with his father so you should get an attorney and challenge the move before it happens. It sounds like you have a good case. If there's no justifiable reason for her moving the court is likely to prevent it.
A: A party cannot relocate from the State of NJ with a child away from the other parent without consent or a Court order. There is case law that addresses this issue that should be discussed. Additional factors are needed to discuss to determine if there is grounds for relocation or not. It is suggested that you contact the office to schedule a consult.
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