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Tag Archives: custody

My Ex Spouse Wont Let Me Move Out Of State Now What

The question of relocation often arises between parties after a divorce has been finalized and entered by the court. One party may want to embark on a new chapter of their lives. Maybe he or she remarried and their new spouse needs to relocate to another state for professional reasons. Whatever the reason may be, the issue of relocation following entry of a divorce is very common.

Both the New Jersey Legislature and the New Jersey courts have addressed the issue of removal out of state when one parent seeks to relocate with the children. Pursuant to N.J.S.A. 9:2-2, the custodial parent is not permitted to permanently relocate with the children outside of the jurisdiction of the State of New Jersey without either the express written consent of the other party of approval of the court. In the event that your former spouse does not consent to you relocating to another state with the children, you will have no alternative but to file an application with the court in order to obtain permission.

In examining your application, the court will examine a number of factors. The standard which the court will apply will depend on the type of custody arrangement you have with your ex-spouse. If you were designated as the parent of primary residence in your property settlement agreement, the court will engage in a two-pronged analysis. The court will first determine whether you have a good faith reason to relocate. If you are able to satisfy that prong, the court will then examine whether the move will be harmful to your children’s interests.

In the event, however, that you and your spouse share equal parenting time, the standard that the court applies will be different. In that case, the court will seek to determine whether the move will be in the children’s best interests. This may be a more difficult standard to overcome than that used if you have been named the parent of primary residence.

If you are contemplating relocating out of state with your children, be sure to consult with an attorney to understand your rights and obligations. [Posted by Jenny Birz, Esq.]

Holiday Parenting Time Visitation

Every divorce lawyer will tell you that the most stressful part of the last two weeks of December is handling disputes between parents regarding who will have parenting time over the holidays, and determining what the schedule will be.  Regardless of how much planning goes into a parenting time schedule, often times “life happens” and… Continue Reading

Parenting Time Over The Holidays

The holidays are quickly approaching, and if you are divorced, in the process of getting divorced, or have children and are separated from your spouse or significant other, it is prudent to make parenting time plans.  If you do not already have a clear schedule or agreement as to who will have the children on… Continue Reading

On The Road Again

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… Continue Reading

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