Q: If there's nothing currently in writing with court can the mother take a child out of state away from father
My son broke up with his girlfriend and now she is planning on moving out of state to live with her family and is taking their child with her even though he's tried talking to her about it saying he doesn't want that to happen because he will never see him. He can't even see his son without her permission or having to go to her house and on her terms. They have never been to court yet. She is planning on leaving this weekend
Tell him to retain a qualified family law attorney:
N.J.S.A. 9:2-2 states the following:
When the Superior Court has jurisdiction over the custody and maintenance of the minor children of parents divorced, separated or living separate, and such children are natives of this State, or have resided five years within its limits, they shall not be removed out of its jurisdiction against their own consent, if of suitable age to signify the same, nor while under that age without the consent of both parents, unless the court, upon cause shown, shall otherwise order. The court, upon application of any person on behalf of such minors, may require such security and issue such writs and processes as shall be deemed proper to effect the purposes of this section.
You are writing from PA and therefore I am not sure if your son and their child live in PA or live in NJ.
If they live in PA, you need to consult with a PA family law attorney as to the rules governing relocation.
If your son and his ex-partner live in NJ, then I suggest that your son immediately write to his ex in a text message, telling her that he opposes any move from the state of NJ since the move will impact his parenting time with the child, she has no court order permitting the move to occur over his objection and he is opposed to it.
He also needs to send her a separate text message telling her that if she moves out of state with their child over his objection and without a court order permitting it to occur, he will file an application with the court for sanctions against her and to compel her to return to the state with their child.
My suggestion is that he reach out to a family law attorney immediately to schedule a consultation since time is of the essence in his setting.
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