Jersey City, NJ asked in Family Law, Child Custody and Child Support for New Jersey

Q: Can I have my daughter's mother arrested for taking her out of NJ? She moved to Colorado 6 weeks and did not tell me.

My daughter was born 8/18/20 soon after I broke up with the mother. We have had a parenting plan for visitation in place, we get her two days a week and every other weekend. A month after her first birthday 9/9 baby's mother took her to Pennsylvania without my permission. Then she said she crashed her car so she could not bring the baby for visitation. Therefore I asked for her address to pick her up and, no response. She filed for Essex County Child Support before she left and now we have a court date 10/25. I do not have a problem to pay child support but I want my daughter living back in NJ. Can you help me please?

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

A: Thank you for your question. In most cases, a parent must obtain consent or a Court Order to permanently remove a child outside of the State of NJ if NJ is the home state of the child. In the event she left without permission, than you would need to file an action in Court to compel her to return. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.

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