QUESTION
Can I move out of state, if I have a restraining order?
Asked on Mar 21st, 2021 on Child Custody - New Jersey
More details to this question:
I have a restraining order on my child’s father, the restraining order is for me and my child. I want to move to a different state, his rights to the child were suspended until further notice he never shows up to court, the last time he seen her was about 5 years ago when she was 4 months old. Can I move out of state without going to court?
1 ANSWER
Divorce Attorney serving Short Hills, NJ
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Under the law in New Jersey, you need an order from the court permitting you to relocate out of state with a child. If may seem like an unnecessary expense / process for you to undertake given the absence of relationship between your ex and your child but if you leave the state without a court order, you run the risk that he will file an application with the NJ court system claiming that you left the state without his knowledge and that he has tried to get in contact with your child but was unable to do so and you will then be forced to expend time and money to prove that he is not telling the truth. My advice is to do it the right way so that you dont have to worry about this type of claim in the future.
Answered on Mar 22nd, 2021 at 6:17 AM