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    rocroljoe's Avatar
    rocroljoe Posts: 1, Reputation: 1
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    #1

    Jan 3, 2011, 12:05 PM
    Leaving state of New Jersey with children if you are separated or divorced?
    My wife and I are separated for one year we live in New Jersey I filed for a divorce 30 days ago . My children are 7 years old and 13 years old she is now threatening to move to California so I no longer can see my children can she just move away with the childrten out of state we have joint legal custody
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Jan 3, 2011, 01:45 PM
    Quote Originally Posted by rocroljoe View Post
    my wife and i are separated for one year we live in new jersey i filed for a divorce 30 days ago . My children are 7 years old and 13 years old she is now threatening to move to California so i no longer can see my children can she just move away with the childrten out of state we have joint legal custody
    You state you have joint legal custody; who has primary physical custody?

    Your exwife cannot move without your consent. In order to move that far, she'll have to petition the court to allow her to move and state why she feels the relocating is in the children's best interests.

    She might try to be tricky and do it without telling anyone, at which point you'll have to file a motion forcing her to return with the children.
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