QUESTION

How do I stop my Exgirlfriend from taking our son with her if she moves out of state?

Asked on Mar 01st, 2013 on Family Law - New Jersey
More details to this question:
My ex- girlfriend is moving to another and wants to take our son(2 y.o) with her. She said that she already got the baby's passport. We all currently reside in New Jersey and she always gives me trouble whenever I want to see our son. I am afraid that I will never see my son again or that she will make it even harder for me to see him. What can I do in this case? Can I stop her from leaving or taking our son with her? And if not, how can I assure visitation rights(won't be to often since she's moving to Texas) and Skype video calls, phone calls so I can constantly keep in contact with him without her making it a big deal? Any other advice and/or recommendations are welcome. Thank you in advance.
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1 ANSWER

Alimony, including Establishment, Modification, Termination, and Enforcement Attorney serving Parsippany, NJ
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John, I have more than 30 years of legal experience and head a law firm which devotes its entire practice to New Jersey Divorce and Family Law matters.  This is what is called a "relocation" case.  If you go to the Custody and Parenting Time section of my law firm's Website (www.salvaggiolaw.net), and look at Most Frequently Asked Question 3, you will get more information.  As you will see, under NJ law your girlfriend cannot move out of the State of NJ with your 2 year old son, without either your consent or a Court Order.  If you do not consent, your girlfriend must file a formal Motion with the Family Court for permission to move to Texas with your son.  There are specific standards by which a New Jersey Family Court would decide that Motion.  Often, the court process is a long one, because the Court usually appoints an expert (a mental health professional) to do an Evaluation and make recommendations to the Court as to whether the Motion should be granted or denied. In order to get a realistic evaluation of your chances of success, if you choose not to consent, I strongly recommend that you schedule a meeting with an attorney such as myself.  I believe that this would be a very good investment on your part.  My contact information is listed below. I look forward to hearing from you.  David F. Salvaggio, Esq.-SALVAGGIO LAW GROUP LLC- 973-455-1220- E-mail - dfs@salvaggiolaw.com,  
Answered on Mar 02nd, 2013 at 3:25 PM

SALVAGGIO LAW GROUP LLC (877) 355-5281 www.salvaggiolaw.net This answer is not intended to be legal advice. Please consult an attorney.

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