Moving out of the state of New Jersey with your children is not often a simple task if you are a divorced parent. While a parent who is the primary caretaker of the children, often titled the Parent of Primary Residence or the Custodial Parent, may feel that the other parent’s limited parenting time should not prevent relocation, it is important to note that relocation is not automatic. In order to relocate out of the state of New Jersey, the primary parent must have one of two things: the consent of the other parent to relocate or an Order of the Court. The particular circumstances of each case will dictate which will be easier to obtain. Many divorced parties are able to communicate with one another and come to an agreement as to whether relocation is the best solution for everyone. However, if an agreement cannot be reached, the parent looking to relocate will need to file an application with the Court and receive an Order from the Court allowing him/her to move.
In Order to receive an Order from the Court, the parent wishing to relocate must prove to the Court that he or she has a good faith reason for relocating and that the move will not be harmful to the children. It is important to note that if the parent not wishing to relocate has a substantial amount of parenting time or there is a shared parenting situation (i.e. 50/50 parenting) it will be more difficult for the parenting wishing to relocate, as the Court will view the move as a change of custody. If you are looking to relocate out of the state, it is important to consult with an experienced family law attorney to assist you in navigating the process. Posted by Robyn E. Ross, Esq.