What Can I Do if My Ex Takes the Children Out of State?

When you and your spouse file for divorce, one of the most difficult aspects of this process that you must navigate is child custody. It can be incredibly difficult for many parents to leave their children in the custody of their ex, as parents wish to spend as much time as possible with their children. However, your anxiety around these matters may increase tenfold when you learn that your ex has taken your children out of state without your permission. If this reflects your circumstances, the following blog explores what you should know about these matters, including the importance of working with New Jersey child custody attorneys to help you fight for your rights.

Is My Ex Allowed to Take the Children Out of State Without My Permission?

In general, a spouse is not allowed to take the children out of state unless you have given them consent to do so, or permission is granted by the court in the custody plan or via a court order. This is true if your spouse is taking the children on vacation or fully intends to relocate with them.

If this occurs and you discover your children were taken out of state by their other parent without your consent or express permission from the court, it can be considered interference with custody, which is also referred to as parental kidnapping.

Typically, if a parent wishes to move out of state with a child whom they share custody of with their spouse, they must petition the court through a removal application. The court will treat this as though the parent were asking for a modification of the custody arrangement, and thus will examine a number of factors to determine if a substantial change has occurred to warrant the modification, as well as if this reflects the best interest of the child.

What Should I Do if They Violate the Custody Arrangement?

In the event that your spouse violates the custody order by removing your children from the state without your consent or approval by the court, you should immediately contact an experienced attorney to discuss your options.

Typically, if your spouse has moved the children out of state or taken them on a vacation across borders without your permission or permission from the court, you should immediately inform the court of their failure to comply with the custody order. If your ex is found in violation of the custody order, they can be charged with parental kidnapping if they knowingly and recklessly take a child under 18 from their custodial parent when they are not permitted to do so. This is a felony offense carrying between five and ten years and prison and up to $150,000 in fines.

When you have reason to believe your ex has violated your custody arrangement, it’s in your best interest to connect with an experienced child custody attorney with Haber Silver Russoniello & Dunn to discuss your legal options. Our firm will do everything in our power to help you fight for the best possible outcome for you and your family.