What can we do, if anything, to stop the mother from moving out of state? 2 Answers as of December 12, 2013

My son is 24 years old and his ex is planning to take his 4 year old son to California to live with her new boyfriend. My son has been in my grandson's life from the beginning and gives her money when he can (no court ordered child support). My son graduated from college a year ago but cannot find a full time job. He is deathly afraid that if he attempts to stop her from leaving with my grandson that she will seek out official court ordered child support. He has a student loan, pays rent and owns a car. He is a waiter who works many hours for tips. In NJ, they can take your driver’s license and put you in jail for not paying child support. He is scared to death of all of this and even though she is satisfied with the money that he usually gives her, (about $200 @ month) and she DOES NOT need his money (she too is a college graduate and works as an ACCOUNTANT), he is afraid that she will be vindictive feeling that he is ruining her life if he attempts to stop her from leaving with my grandson. To complicate matters, she is only 22 and her (divorced) parents are the legal guardians of this child but they are allowing her to take my grandson to California even though they don't necessarily approve.

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Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
There are a lot of pieces missing in your rendition of the facts. The Uniform Child Custody Act will prevent the removal of the child to another State, without permission. Filing with the Court to prevent the removal will entail a full hearing, at which the Court will determine what is in the best interest of the child. The process can take several months.
Answer Applies to: New Jersey
Replied: 12/12/2013
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
There are some complicated issues here. Your son needs a lawyer in NJ, or at least a consultation, to get professional advice. This is not a matter where he can get internet advice on what to do.
Answer Applies to: California
Replied: 12/12/2013
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