If your ex wants to move out of state with the kids, or you receive a remote job offer that’s halfway across the country, it’s understandable that you may have questions surrounding what’s going to happen to your children.
Will you be able to take them with you? Or, if your ex takes your children, will you be able to get regular visitation with them?
Child relocation matters can pose many challenges, especially when prior child custody arrangements are already in place. If you have questions about child relocation in New Jersey and how to protect your children and your rights moving forward, you are not alone.
Talking to a child relocation attorney at Weiner Law Group LLP might help you gain clarity and make smarter decisions about your family’s future. We devote exacting personal attention to every case we take on, and we’re proud to represent our clients in the most challenging of family law cases.
What Is Child Relocation?
Child relocation refers to situations in which a child’s parent (or legal guardian) intends to move from one geographic location to another, impacting custody and visitation arrangements with respect to the child’s other parent as a result.
In the context of family law cases in New Jersey, child relocation matters often involve legal proceedings brought to address the potential impact of the proposed move on the child’s relationship with the non-moving parent.
Child relocation matters can arise in a variety of situations. Below are some common reasons that a parent may seek child relocation:
- Job transfer or new job opportunity;
- Educational opportunities, either for the parent or the child;
- Remarriage to a new partner located in a different city or state;
- Desire to be closer to family and other support systems;
- Health or safety concerns; and
- Military service obligations.
No matter the precise reasons for the proposed move, there’s no question that child relocation can have a significant impact on the child, both parents, and the relationships between and among all parties involved.
How Do Relocations Impact Families?
When parents who have custody move away from New Jersey, or even to another city within the state, it can be difficult for noncustodial parents to come to terms with the intentions of the moving parent.
You might simply be trying to take your kids to a healthier environment or become a better provider, but if your former partner doesn’t consent to the move, you may have to seek a court order.
While the process is not always simple, New Jersey law provides various mechanisms that might help you smooth the transition. Adhering to the restrictions is important if you want to maintain your custody rights and minimize the disruption to your children’s lives following a divorce.
The New Jersey child relocation lawyers at Weiner Law Group LLP respect your desire to do what’s best for your kids, and we’re also well-versed in helping you understand your legal obligations.
New Jersey Child Relocation Laws and Considerations
If your ex has expressed a desire to make a significant move with your children, it’s imperative that you understand your rights. Below are some important things to keep in mind regarding New Jersey child relocation laws and how they could impact you.
When Court Approval for Child Relocation Is Required
Under N.J. Stat. § 9:2-2, a parent generally may not move with their child out of the State of New Jersey without an order from the court authorizing the relocation. However, permission from the court may not be necessary if:
- The child consents to the relocation (if the child is old enough to provide such consent); or
- Both parents consent to the relocation.
Notably, this statute specifically references only out-of-state relocations. Thus, if your ex is planning to move to another city within New Jersey, they may not need to seek permission from the court. However, there are still scenarios in which court intervention may nevertheless be necessary for intrastate moves.
Intrastate Relocation
Even where one parent seeks an intrastate child relocation, the Superior Court of New Jersey noted in the 2003 case of Schulze v. Morris that the proposed move may be subject to a modification action if the relocation would result in a “substantial change in circumstances warranting modification of the custodial and parenting-time arrangement.”
In determining whether an intrastate child relocation would pose a “substantial” change in circumstances, New Jersey courts will consider factors such as:
- The prospective advantages of the move;
- Whether the move will enable the parent to maintain or improve the child’s quality of life;
- The motives of the custodial parent in seeking the relocation;
- The motives of the non-custodial parents in objecting to relocation; and
- Whether a reasonable and realistic visitation schedule can be accommodated if the relocation is granted.
If you believe that your ex’s proposed relocation with your child would substantially impact your relationship with your child, speak with one of our attorneys to discuss your rights and options moving forward.
The Best Interest of the Child
In all legal actions concerning children in New Jersey, the primary consideration in making any determinations will always be the best interests of the child. Thus, a court will not grant your ex’s child relocation request unless doing so would be in the child’s best interest.
In assessing whether a proposed relocation is in fact in the child’s best interest, New Jersey courts will consider factors such as the:
- Child’s age and developmental stage,
- Child’s preferences (if applicable),
- Potential opportunities and quality of life in the proposed new location,
- Relationship between the child and non-relocating parent and the potential impact of the relocation on the relationship, and
- Relationship between the child and any siblings or extended family (if any).
Importantly, no single factor is determinative, and there are many others that may be considered depending on the particular circumstances surrounding your case.
How a Child Relocation Attorney Can Help
When it comes to protecting your rights and relationship with your child, having the right team of legal professionals can be invaluable. For example, a New Jersey child relocation attorney can help you:
- Understand your legal rights and obligations with respect to your child relocation matter;
- Assess the strengths and weaknesses of your case;
- Develop appropriate legal strategies to effectively pursue your claims;
- Prepare and file important documents with the court;
- Negotiate with opposing parties and their legal counsel in an effort to reach an amicable resolution that meets your needs and goals;
- Represent your interests in court.
In short, an experienced child relocation attorney can help you effectively navigate the legal process, reduce the amount of stress on your shoulders, and provide you with guidance and support at every step along the way.
Let Us Guide You Through the Legal Realities
As a custodial or noncustodial parent, it’s vital to follow the law at both the state and federal levels. Whether you come to an amicable agreement or you require supervised mediation, you’re better off having an actionable plan before court intervention becomes necessary.
The New Jersey family law attorneys at Weiner Law Group LLP work with you to chart a plan that lets you or your ex relocate without compromising either of your rights.
Our primary focus is on identifying solutions that satisfy your needs without negatively impacting your children. Explore your options by speaking to us at 866-899-1138, or get in touch with us by using our online contact form. We are dedicated to your cause — and will go above and beyond to get you what you deserve.
FAQs
Can My Ex Seek Relocation with Our Children After Our Divorce?
In short, yes. Your ex can seek relocation with your child after your divorce. This is true even if a court order is already in place specifying the terms of any custody and visitation arrangements. That said, a request for child relocation in New Jersey will not be awarded automatically. Thus, your ex will still have to go through the proper legal channels to make their request and prove that the requested relocation will be in the best interest of the child. If a court determines that it is not, your ex may be prohibited from relocating with your child.
Do I Need a New Jersey Child Relocation Attorney for My Case?
No. New Jersey child relocation laws do not require parents to hire an attorney to represent them. Thus, technically, you do not need a child relocation attorney for your case. Nevertheless, because child relocation cases can be legally complex and emotionally strenuous, having an experienced family law attorney in your corner who can provide you with legal counsel and guidance throughout the process is generally advisable.