Can my daughter from Ocean County, NJ take her 16 month old boy down to Puerto Rico where her mother lives for 2 months vacation

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My daughter broke off her relationship with her boyfriend who is the biological father and they have been granted join custody. Her mother lives in PR year round, takes care of her 92 year old mother and her oldest daughter so she is unable come up to NJ. The father has basically been negligent from paying child support and rarely is involved in child's welfare and visitation rights. He does not buy items necessary for child's welfare (diapers, formula, toys etc.). Can she take child to PR without asking the father ?

Attorney Answer

1
Omar Carmonasanchez ·
Where your daughter resides? Every state has its own laws regarding join custody. As a general rule, when there is joint custody, you cannot leave the jurisdiction of the court that granted such custody without the consent of the other parent or without the court’s permission. The fact that the father has been negligent does not give her the authorization to leave the jurisdiction without consent or court permission. If the father does not consent, then she can use those facts (negligent) in her motion to the court to travel out of state.
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