Newark, NJ asked in Child Custody for New Jersey

Q: I am the custodial parent of my son , can I take him out of the country without the fathers permission ?

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3 Lawyer Answers
Elena K. Weitz
Elena K. Weitz
Answered
  • Divorce Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: If you have joint legal custody, you will need the father’s written permission, even if you are the custodial parent. If you have sole legal custody you do not have his permission.

Elena K. Weitz
Elena K. Weitz
Answered
  • Divorce Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: If you have joint legal custody, you will need the father’s written permission, even if you are the custodial parent. If you have sole legal custody you do not need to have his permission.

Bari Weinberger
Bari Weinberger
Answered
  • Divorce Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. I know how worried you must be about traveling out of the country with your son.

The short answer is that more information is needed. What type of custody do you have? Custody is comprised of both “legal” and “physical” custody. Depending upon the type of custody you have and what language is contained in your custody order, the answer will vary. It is important to protect your interests and have an experienced family law lawyer explain the various types of custody and what rights and obligations you have in connection with your custody order.

I hope this information was helpful to you.

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