RELOCATING OR MOVING AWAY WITH THE CHILDREN
New Jersey (NJ) Child Custody Divorce Attorneys
It is often emotionally difficult when a custodial parent wants to physically move a child away from a non-custodial parent, particularly outside of the State of New Jersey. Generally, consent from the non-custodial parent or a court order is required to permit the custodial parent to make such a move with the unemancipated child. There is specific case law in post-judgment relocation cases of which you should be aware before taking any action. The court will consider a number of questions before permitting relocation, including:
- Is the custodial parent looking to move out of the State of New Jersey (NJ) for good faith reasons?
- Have circumstances changed since the original custody and parenting time court order or agreement?
- Is the purpose of the move intended to prevent the non-custodial parent from having contact with the child?
- What activities, medical care and education options does the child have in the new residential location should the move be permitted?
- Is the move out of the State of New Jersey (NJ) going to be beneficial or detrimental to the child?
- Will the move out of the State of New Jersey (NJ) be detrimental to the child’s relationship with the non-custodial parent?
- Has a reasonable visitation plan been proposed if the move is allowed?
For more case law and standards regarding relocating outside of the state of New Jersey with the children, see our extensive article on the subject entitled, "Burden of Proof in Removal Cases: Who Has It - What Is It?"
These questions and others will likely be asked by the courts in order to assess whether a relocation application will be granted. It is imperative that your case be presented by an experienced and skilled New Jersey family law attorney. At Weinberger Law Group, LLC, we regularly represent parents facing these difficult matters. Whether you are seeking a move out of the State of New Jersey with your child or whether you are looking to prevent your child from being relocated out of New Jersey by a parent, contact us today for a FREE INITIAL CONSULTATION and speak with one of our experienced NJ family law attorneys.
