North Bergen, NJ asked in Child Custody for New Jersey

Q: Can I get guardian custody of my child if they live in another state

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2 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Divorce Lawyer
  • Short Hills, NJ
  • Licensed in New Jersey

A: I'm sorry but I do not understand your question since you are the other parent of your child and presumably, you have a custodial role in your child's life? My sense is that your ex and your child live in another state and there has been a discussion about your child coming to live with you or your ex moved out of state without your permission and without a court order permitting same to occur and in either setting, you are trying to determine what type of court order do you need for your child to come live with you or to address your ex's actions in moving. In either setting, you need to meet with an experienced family law attorney to discuss how to proceed and what court intervention is needed.

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

A: Thank you for your question. You can certainly apply for guardianship of your own biological child but you must do so in that state. There are a plethora of questions however: how old is the child? How did he/she wind up in another state? Why did you allow the child to leave this state? I recommend speaking with a family law attorney to discuss your matter.

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