Q: Am i allowed to take my kids out of state and am I allowed to move out of state
My kids live with me and I am the mother the dad sees them some but is very mean to me and i am deciding to move out of state to newyork state and I allowef to move with my kids no legal papers or anything have been ever filed and there's no set custody except. For birth which I am the mother. Am I allowed to move out of state to start a better life for me and my kids or can I lose my son if I move
A: The law in New Jersey concerning "relocation" changed recently and now the court is required to employ the "best interest" test to a custodial parent seeking to move out of the state of NJ with the parties child[ren] - meaning that either you need to get a writing from him agreeing to permit you to move to NY state with the children or you need to get a court order from the family court permitting the move to occur. The worst thing you can do is simply move out of state ( for whatever reason) and he then files an application with the court for sanctions and to compel you to return the children to New Jersey. In filing that application, he will tell the court a very different story about his relationship with the children and you will be put in a defensive position with the court with the threat of sanctions held over your head. If you simply move without that court order in hand, you do so at your peril.
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