Moving Out Of State With Children While Still Married

New Jersey divorce lawyerQuestion:

My wife moved out of state with our children without my consent while I was stationed at a military base.

While a couple is married is one spouse allowed to move out of state with the children without the other spouse’s permission, particularly a spouse who is stationed at a military base?

If I file for divorce, would my wife be required to return to the state with our children?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New Jersey divorce laws where I am licensed to practice.

Generally, a parent cannot relocate out of the state with the minor children of the marriage without the consent of the other parent or a court order.

Usually, a parent seeking to remove the children to another state must demonstrate a good faith basis for the move and that the move will not be inimical to the best interests of the children.

Where I practice, if one parent removes the children and relocates to another state without the consent of the other parent or a court order, the remedy would be to file a motion to compel the spouse to return to the state with the children. The court would then conduct a hearing as to whether your wife should be permitted to relocate to another state with your children.

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At this juncture it would appear that the emergent issue you need to address is the immediate return of the children to your state.

Depending upon the filing procedures in your state, you may be able to simultaneously file a complaint for divorce and a motion to compel the return of the children to the state.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New Jersey Divorce Lawyer Christine A. Dolan, contact Cordell & Cordell.

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