Family Law Thursday, September 24, 2020
After your divorce in New Jersey, it no doubt took you a good deal of time to for you and your kids to become acclimated to your new situation. Now your ex-spouse is coming to you saying that he or she wants to move away, and that he or she wants the kids to come along. Countless clients have come to us here at the Weiner Law Group LLP in the same situation, dejected at the thought of having an even lesser role in their children’s lives. Like them, you will be pleased to hear that you do not have to sit idly by and watch this happen.
Section 9.2-2 of New Jersey’s Revised Statutes states that while your kids are under the age of majority, they cannot be moved out of the local jurisdiction without the consent of both you and your ex-spouse. This means that he or she must inform you of his or her intentions prior to relocating, and that you have the opportunity to dispute the move.
In years past, state Supreme Court rulings had established a standard in such disputes that tended to favor the right of the relocating parent to move. The basis of such decisions came from social science theories that what is in the best interest of the relocating parent may eventually represent the best interest of the children. However, in a 2016 ruling (prompted largely by the fact that other states did not adopt a similar stance), the Court went back to basing its decisions primarily off the best interests of the children involved. This may bode well for you in your attempt to keep your kids around.
More information on retaining your custodial rights can be found here on our site.