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