Relocating With My Child
In the event that circumstances change in your life after getting a divorce and you need to move out of the state of New Jersey with your child, there are a few factors that need to be addressed in order to ensure this is done legally.
There is a statute that specifically provides that parties cannot remove children permanently from the state of New Jersey without the other parent’s consent or the consent of the court. Now, since that statute was enacted so many people have had to move out of state for job opportunities or remarriage, items that the court system has become much more lenient about in letting people move out of state. Some of the other factors that need to be considered when a judge is looking at your case is the custody agreement that is in place with the child’s other parent. It is important to make sure that the custody agreement can still be honored after the move will take place. Another factor that may need to be determined is if the custody agreement needs to be modified depending on where the move will be to.
Basically what you have to do if you are planning to move out of state is to let the other parent know and work things out in terms of how parenting time will continue and how the parties will communicate with the children and about the children. Most of the time, if there is a really good reason for moving out of state, the court will allow it. If the court feels as though the person is trying to move out of New Jersey with a child for the wrong reasons, it is likely that they will not allow this to happen.
If you are considering moving out of state with your child after you have been divorced, it is important to get in contact with an experienced family law attorney.
The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and the greater New Jersey area that would be happy to assist you in legal counsel. If you need to make an appointment, feel free to contact us at any time.