What can my sister do to stop her husband from taking their child out of state? 1 Answers as of December 28, 2011

My sister and her husband have recently become separated. Due to financial reasons, they are not able to file for divorce yet. My brother-in-law has made plans to take my nephew from New Jersey to California for a family wedding without my sisters permission. My brother-in-law is not raising my nephew and this is my sisters responsibility since he was the one who left the residence to live with another woman. He visits my nephew maybe once a week. He is also very irresponsible. My nephew has never been away from his mother, let alone on a plane across the country. Does my sister have an rights to deny this trip? What can she do to stop him from taking my nephew?

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She will need to go to court to file an emergency order. However, the court will usually allow a natural parent to take a child out of state on a short trip unless he is an alcoholic, or drug addicted such that the child's safety is in serious question.
Answer Applies to: New Jersey
Replied: 12/28/2011
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