Skip to main content

In New Jersey, if I am the custodial parent, can I relocate with my children?

Sponsored Answer
Robyn E. Ross - Family Law - Super Lawyers

Answered by: Robyn E. Ross

Located in Mountainside, NJRoss & Calandrillo, LLC

Phone: 908-543-4800
Fax: 908-543-4801

View Profile

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.

Other Answers By Robyn E. Ross

Photo of Robyn E. Ross

What if my partner wants a divorce in New Jersey and I do not?

Most married couples make important life decisions together. When a divorce happens, it is not unusual for one of …

Sponsored answer by Robyn E. Ross

Other Answers About Family Law

Photo of Teresa R. Reade

What Are The Most Important Things To Consider In A Divorce In Massachusetts?

There are three major issues to resolve in divorce: division of assets, child custody and child support. Below we …

Sponsored answer by Teresa R. Reade

Photo of Jonathan Z. Schiller

How Does Alimony Work In Florida?

In Florida, the courts have discretion to award alimony as they see fit. This contrasts with the process they …

Sponsored answer by Jonathan Z. Schiller

Photo of Radford J. Smith

How Do I Find An Effective Child Custody Lawyer In Las Vegas, Nevada?

Child custody is often the most contentious issue among divorcing or separating parents in Nevada. Choosing the …

Sponsored answer by Radford J. Smith

Call Me

To: Robyn E. Ross

Super Lawyers: Potential Client Inquiry

Required fields are marked with an asterisk (*).


The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. The use of the internet or this contact form for communication is not necessarily a secure environment. Contacting a lawyer or law firm email through this service will not create an attorney-client relationship, and information will not necessarily be treated as privileged or confidential.

Page Generated: 1.0514369010925 sec