Can a mother move away with the child?

In the case of a mother and father of a child, parents are not together. Mother is moving out of state with the child. Father does not help with the child as he should. Mother and father do not live together. Mother found a home and a well paying career in the other state. Can the mother move away with the child? Father is not on the birth certificate.

Asked on July 18, 2012 under Family Law, New York


Brad Micklin / The Micklin Law Group

Answered 8 years ago | Contributor

In New Jersey, a parent needs either the other parent's consent or the court's permission by order to relocate with a child. In court a parent only needs to prove that the move is in the child's best interest. The parent will need to show that there is a good faith reason for the move, that it will benefit the child and that it is not harmful to the other parent by interfering with the other parent's relationship. Although these are not very demanding issues, they must be proven specifically.

You should speak with an experienced family law attorney immediately before making any plans.

Brad Micklin, ESQ.
187 Washington Ave.
Nutley, NJ 07110
973 – 562 – 0100
[email protected]

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