Relocation And Child Custody

A party to a divorce shall not remove a child out of the State of New Jersey after a divorce when custody and parenting is an issue without the consent of the other party or permission of the Court. However, the Courts are aware that with the development of a global economy and advancements in technology in many instances relocation can in some instances almost be necessary. Still, custody and parenting time are concerns for the Court. Therefore a party seeking to relocate must still make an application to relocate if the other parent does not give consent to the parent seeking to remove a child out of state. The New Jersey courts will consider a host of factors in deciding whether to grant an application for removal. Which factors shall be applied will be dictated by the type of custodial arrangement the parties have. In some instances the party seeking to relocate may have to establish that there is a good faith reason for removing the child out of state and that removing the child out of state will not be detrimental to the child. In other situations the party seeking to remove the child out of state may have to prove there is a change of circumstances warranting a change in the custodial arrangement. Vetting through these issues can be complicated. It’s therefore important that your attorney have an intimate understanding of the standards the Court sets in these instances and is intimately familiar with the New Jersey laws on custody, relocation and be able to convey your interests to the Court.