Asked on Jun 29th, 2018 on Family Law - New Jersey
More details to this question:
I have a final judgment from FL where it states that the father is giving up visitation rights. He hasn’t been involved with the child for almost 3 years and moved away. My son turned 3 years in April. In October of last year I got a job offer in NJ and my lawyer sent him a letter of my intention to relocate to which he had 30 days to object. He did not. Now I would like to relocate to Europe as both me and my son have dual citizenships. Do I need to get a court order or his agreement or can I relocate without notifying anybody? FL has lost jurisdiction of the child as we have been out of there for 6 months. I have no idea where the father is nor have I been getting any child support from him.
Thank you for your question.In New Jersey, if you wish to relocate, you must have the consent of your child’s father or have a Court order permitting you to do so. If you cannot locate your child’s father, you may need to file an application with the Court in order to do so. In order to prevail on a relocation matter, you must show that the move is in the best interest of your children. Some factors that are considered when determining whether you can relocate with your sons include the parties’ ability to agree, communicate and cooperate in matters relating to the children, the interaction and relationship of the children with their parents or siblings, the stability of the home environment, the geographical proximity of the parents’ home, etc. I suggest that you meet with an experienced family law attorney to discuss strategy for your matter. Relocation cases can be complexed as Courts are reluctant to allow a custodial parent to move out of state; however, every case is different and depends on your supporting facts. I hope this information was helpful to you.
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