Parental Relocations

Parental Relocations

New Jersey law provides that one parent may not relocate with the children out of state without the consent of the other parent or a Court Order for good cause shown. These cases generally arise when one parent wishes to move back to a home state to be near family post-divorce, or remarries and the new spouse is transferred by an employer to another state. If the other parent consents, the parenting time schedule must be adjusted to take into account the travel necessary for the children to spend time with that parent.

However, if the other parent does not consent, the legal burden is on the parent who wants to relocate to prove that it is in the children’s best interests and an alternate parenting time schedule will not affect them or the other parent so adversely that it cannot be permitted. Removal cases, as they are called in New Jersey, can be every bit as difficult as full-blown custody cases, so the remarks regarding those cases are applicable to these as well.