NJSBA Family Law Section

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  • 1.  Relocation during Pregnancy

    Posted 09-23-2020 10:19 AM
    Hi all,

    I've been looking and looking but can't seem to find any case law for relocation (out of country) during pregnancy. PC is married and pregnant but husband wanted her to have abortion, was abusive. She now wants to relocate out of country pre-birth. Any case law anyone can point me to on this? I know relocation without consent or court order cannot be done post-birth, but prior to? I found relevant NY case law but not NJ. I should mention, she doesn't want divorce just yet, just the relocation.

    Any help shining a light would be great! Thanks!

    Aleksandra N. Gontaryuk, Esq.
    AG Law Firm
    711 Jersey Ave., Suite 202
    New Brunswick, NJ 08901
    tel.: 908.336.7550

    ------------------------------
    Aleksandra N. Gontaryuk, Esq.
    AG Law Firm
    711 Jersey Ave.
    Suite 202
    New Brunswick, NJ 08901
    Tel.: 908.336.7550
    ------------------------------


  • 2.  RE: Relocation during Pregnancy

    Posted 09-23-2020 10:31 AM
    I am not sure that “relocation” per se should be the focus. I think I would start with the paternity statutes. It is a very interesting issue but I don’t believe you are going to find anything (at least in NJ) referencing an unborn child and custody issues.

    Allen


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    On: 23 September 2020 10:18,


    Original Message


  • 3.  RE: Relocation during Pregnancy

    Posted 09-23-2020 12:49 PM

    A NJ court would not have jurisdiction over an unborn child. So no issue vis relocation. After the child is born, the burden would be on the father to get jurisdiction and then order a return, which I'm guessing would be a tough row to hoe.  I'm guessing the best dad could get would be a visitation order.

    Tom King




    Original Message