One of the many difficult situations in divorce arises when a custodial parents seeks to leave the state of New Jersey with the children. With the global economy, parents often are presented with employment opportunities throughout the country or the world for that matter. In some situations, parties remarry and their new spouse’s job forces the issue of relocation. Although New Jersey law empowers the noncustodial parent to refuse their consent to move, the law also indicates that the custodial parent can seek the Court’s permission. Typically, the custodial parent would file an application to the Court, called a motion, asking the Court to overrule the custodial parent and allow the move.
As difficult as these situations are for the parties involved, it is just as difficult for the Court in making these decisions. Depending on the distance placed between the children and the noncustodial parent, the Court is left with the job of weighing the custodial parent’s right to autonomy and the ability to move on with their lives, against the noncustodial parent’s right to unobstructed access to their children. The Court weighs these considerations, along with other factors relevant to their decision making process. What is the noncustodial parent’s involvement with the children? How would the children’s quality of life improve if the relocation is permitted? What has been the past history of dealings between the parties, especially as it relates to parenting time?
The Court considers these questions, as well as many other factors in making their decision. Clearly, parties involved in a relocation dispute have much at stake. An experience family law attorney can represent your interests and guide you through the process. Posted by Maria A. Giammona, Esq.
References:
N.J.S.A. 9:2-2
Baures v. Lewis, 167 N.J. 91 (2001)
