• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Relocation and Visitation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Gabrielle52

New member
The name of my state is New Jersey.

Hello, I am looking for advice on relocating with my 7 year old son. His father and I have never been married, we have never been to court to establish a custody or visitation schedule. When my son was about 6 months old or so I had been receiving TANF benefits. When I stopped, the state went after him for child support on its own, I did not file. Neither of us went to the court date and the child support order was decided without us there. His name is on the birth certificate so I assume that means paternity established. Being that we don’t have a court ordered custody agreement and my son goes to his dads on the weekends on our own terms, is it illegal for me to move states (New York, 4 hours away) without permission from his father? Do I need to file with the court? I have proposed a new visitation schedule that will include 1-2 weekends a month, all breaks from school, and basically the whole summer he would go to his fathers and I would pay the travel expenses. I have a second child with the man I have been with for 2 years, he has recently landed a job in the area he is from which is Albany, NY. This new job will help us tremendously with both children and a place to live, as we currently live with my parents. I also have more opportunities in this area. Thank you in advance for your help!
 


PayrollHRGuy

Senior Member
You need to go to court for no other reason than he could go to court and request and maybe get a visitation schedule that would negatively affect you.

Be aware that because you are the one creating the distance the court may order that you are the one that will bear the burden to get the child to his father for visitation.
 

stealth2

Under the Radar Member
While you don't HAVE to go to court, understand that orders protect you, Dad and the child. As PHRGuy posted, w/o orders, Dad can file himself and the court COULD order the child returned to NJ pending a hearing. Know that if the two of you can reach an agreement, it's simple enough to submit it to the court.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top