Relocation of minor child

[hwy5150]

New Jersey.
Court order indicates that the father of my child allowed me to relocate with the minor 5 year old child to the Air Force in Italy where my husband is currently station. It also indicates that this permission is provided while he is stationed there. He has joint legal custody. I was to allow the child to spend 7 weeks with the father in NJ among other visitation weeks. Since this was the first time of the child staying so long with the father, I decided to stay the whole 7 weeks in NJ at my father's house. However, due to some issues in my pregnancy, I am about 32 weeks pregnant, I decided to go to my in-laws in Arizona until the baby is born and as such taking my minor child. My attorney sent an email to his attorney on 8/15, visitation was to end on 8/19, it seems that the attorney dropped the ball and he did not know anything about it until i mentioned it. Now the father is very upset about this change as he seems to think this was all planned and requesting more parenting time since we are in the States. Question, can he stop me from going to Arizona? can i based on the court order go to Arizona? what are his options if any.
Thank you so much!

 

[adjusterjack]

Ask your lawyer.

We can't read the order.

 

[hwy5150]

Should I attach the order?

 

[adjusterjack]

No. You would be well advised to talk to your lawyer.

 

[hwy5150]

That is why I am asking in this forum, as I am not in the position to hire a lawyer again, I thought that with this order, the mother could only move to the place indicated in the order, not anywhere else.

 

[LdiJ]

That is why I am asking in this forum, as I am not in the position to hire a lawyer again, I thought that with this order, the mother could only move to the place indicated in the order, not anywhere else.

Does

New Jersey.
Court order indicates that the father of my child allowed me to relocate with the minor 5 year old child to the Air Force in Italy where my husband is currently station. It also indicates that this permission is provided while he is stationed there. He has joint legal custody. I was to allow the child to spend 7 weeks with the father in NJ among other visitation weeks. Since this was the first time of the child staying so long with the father, I decided to stay the whole 7 weeks in NJ at my father's house. However, due to some issues in my pregnancy, I am about 32 weeks pregnant, I decided to go to my in-laws in Arizona until the baby is born and as such taking my minor child. My attorney sent an email to his attorney on 8/15, visitation was to end on 8/19, it seems that the attorney dropped the ball and he did not know anything about it until i mentioned it. Now the father is very upset about this change as he seems to think this was all planned and requesting more parenting time since we are in the States. Question, can he stop me from going to Arizona? can i based on the court order go to Arizona? what are his options if any.
Thank you so much!

Who is the child with now, and where is the child?

Also, does the order state that mom has to move the child back to the original home state after Italy?

 

[Ohiogal]

New Jersey.
Court order indicates that the father of my child allowed me to relocate with the minor 5 year old child to the Air Force in Italy where my husband is currently station. It also indicates that this permission is provided while he is stationed there. He has joint legal custody. I was to allow the child to spend 7 weeks with the father in NJ among other visitation weeks. Since this was the first time of the child staying so long with the father, I decided to stay the whole 7 weeks in NJ at my father's house. However, due to some issues in my pregnancy, I am about 32 weeks pregnant, I decided to go to my in-laws in Arizona until the baby is born and as such taking my minor child. My attorney sent an email to his attorney on 8/15, visitation was to end on 8/19, it seems that the attorney dropped the ball and he did not know anything about it until i mentioned it. Now the father is very upset about this change as he seems to think this was all planned and requesting more parenting time since we are in the States. Question, can he stop me from going to Arizona? can i based on the court order go to Arizona? what are his options if any.
Thank you so much!

Why don't you just remain in NJ at your father's house? I don't blame the father for being upset. If it states the child can relocate to Italy then that is not permission to relocate to Arizona.

 

[hwy5150]

Does


Who is the child with now, and where is the child?

Also, does the order state that mom has to move the child back to the original home state after Italy?

Thank you. The child is with the mother in Arizona, the order states New Jersey has jurisdiction of the case.

 

[hwy5150]

Why don't you just remain in NJ at your father's house? I don't blame the father for being upset. If it states the child can relocate to Italy then that is not permission to relocate to Arizona.

Thank you, that is how I understood the order. Yes, the mother has her father and siblings in New Jersey, and therefore tons of support for my daughter for when she delivers her child, yet she chooses to go to her in laws who she has not met, taking my daughter with her to a stranger’s home, but it seems that she can as she already left, so I am very confused as of what my rights are.

 

[Ohiogal]

Thank you, that is how I understood the order. Yes, the mother has her father and siblings in New Jersey, and therefore tons of support for my daughter for when she delivers her child, yet she chooses to go to her in laws who she has not met, taking my daughter with her to a stranger’s home, but it seems that she can as she already left, so I am very confused as of what my rights are.

Please don't return here until you can tell the truth.

Court order indicates that the father of my child allowed me to relocate with the minor 5 year old child to the Air Force in Italy where my husband is currently station.

You now have no credibility. If this were a court you would have committed perjury which is a felony in many jurisdictions.

 

[stealth2]

I am very confused as of what my rights are.

The right to not misrepresent yourself to the volunteers here…?

 

[LdiJ]

Thank you. The child is with the mother in Arizona, the order states New Jersey has jurisdiction of the case.

That is not the question I asked. I did not ask what state had jurisdiction. I asked if the court order says that she must return the child to NJ after Italy. That is a yes or no answer. If you believe that the fact that NJ has jurisdiction means that the child must live there unless you give permission for the child to live somewhere else you are likely wrong from a legal standpoint since the child is not currently a resident there.

In any case, your rights are based on exactly what the court order says and what the law for NJ says since NJ has jurisdiction. Your rights are only enforceable through court. If you think that mom is violating your rights then you need to take the matter back to court.

However, mom being in AZ vs Italy does not change the status quo for you and that is an important factor. Therefore, you might or might not get anywhere with going to court at this time. You probably should consult an NJ family law attorney. However, if you do, do not misrepresent who you are in the scenario, because that gets you bad advice.

 

[LdiJ]

The right to not misrepresent yourself to the volunteers here…?

I suspect its not even dad posting.

 

[Ohiogal]

I suspect its not even dad posting.

The poster started out as mom before changing to dad.

 

[stealth2]

Thank you, that is how I understood the order. Yes, the mother has her father and siblings in New Jersey, and therefore tons of support for my daughter for when she delivers her child, yet she chooses to go to her in laws who she has not met, taking my daughter with her to a stranger’s home, but it seems that she can as she already left, so I am very confused as of what my rights are.

A thought while rereading the thread...

While *legally* your ex-wife's inlaws are strangers to your daughter, I suspect that they are not strangers in real terms, in that your daughter sees them as grandparents (albeit step-grands). So there is no reason to suspect that they will not provide support for your daughter after the new baby arrives. Not all grandparents differentiate between bio/step/adopted grandkids, so it's not reasonable to ascribe such behaviors to them before such potentially occurs.

Additionally, your ex could as easily have gone to TX and left your daughter in NJ with her extended family w/little recourse to you - as long as you had the parenting time provided via court orders.

It's also quite likely that any action you might file wouldn't be heard until the new arrives and Mom +2 return to Italy.