Newark, NJ asked in Family Law for New Jersey

Q: how do i move with my dad away from my abusive mother

Related Topics:
1 Lawyer Answer

A: Until and unless there is a previous court order stating otherwise, your parents share legal and physical custody of any minor children they have in common. There is nothing stopping you and your dad from moving out. If you or your father ever feel that you are in danger from your mother do not hesitate to call 911. Also, keep in mind that he cannot move you out of NJ without the court or your mother's permission.

Your dad will want a court order stating that you are to live with him and therefore an action must be filed in family court. Your mother will be allowed to tell her side of the story as part of that action. This is not a process your father should attempt without an attorney.

Each family law case is unique and has many variables. You/your dad should seek out an experienced family law attorney who can guide you both through the process. Many firms, including mine, offer free consultations so you can learn more about the process and your rights in your specific situation. I hope that was helpful and that you get the assistance you need.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.