In New Jersey, if I am the custodial parent, can I relocate with my children?
Answered by: Robyn E. RossRoss & Calandrillo, LLC Phone: 908-543-4800
You and your former partner both have a right to continue your parental relationship with your children. That is an important factor, and it will affect your ability to relocate. You have the right to move, but you must have the consent of the other parent or a court order.
Before issuing the order, the court will ask how the move will impact your children and if both parents will be able to maintain relationships with the children. They will also ask how long the children lived in New Jersey.
If they were born in New Jersey and have lived here at least five years, the noncustodial parent must agree to the move. If they do not agree, you will need to file an application with the court. The court will then determine if the move is in the best interest of the children.
The approval will also depend on where you want to move. A move one town away is more likely to be approved than a cross-country relocation.
A good faith parenting plan is required
You should prepare a good faith parenting plan that allows the noncustodial parent to maintain their ability to parent. That should include a workable visitation plan. If the noncustodial parent rejects the plan, the court will require them to suggest workable solutions.
The court’s final decision will be based on what works best for your children.
It could be affected by:
- If your child has any special needs or talents that can best be accommodated in one of the locations
- A parenting plan that encourages parenting relationships
- The impact on the extended family
- The child’s preferences (if they are old enough and mature enough to make these decisions)
- Whether the child is going to be a high school student
- The noncustodial parent’s ability to relocate
Relocation with your children is more difficult than it used to be
Before recent legislation, relocating with children in New Jersey was easy, and a court order was not required. The court now wants to ensure both parents’ bond is maintained and that your child’s best interests are met. A family law attorney can help ensure all those standards are met.
The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.Disclosure:
No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Please visit the Super Lawyers Selection Process for a detailed description of the Super Lawyers selection methodology.
Other answers about Family Law
How do you determine marital and nonmarital assets and liabilities in Florida divorce cases?
In all Florida divorce cases, marital and nonmarital assets and liabilities are defined in Florida Statute Section 61.075. For assets and liabilities …Sponsored answer by Jason A. Brodie
What Is the Best Way to Find a Family Law / Divorce Lawyer in Georgia?
Going through a divorce or other family law matter can be a confusing experience, so enlisting the aid of a trained professional is usually in your …Sponsored answer by Mali Shadmehry
How Can I Handle A Complex Divorce In Ohio?
Divorce can be complex regardless of your income or net worth. Ending a marriage is emotionally challenging, and it’s tough to take a rational …Sponsored answer by Bradley Jeckering
Required fields are marked with an asterisk (*).To: Robyn E. Ross Super Lawyers: Potential Client Inquiry