If you are thinking about relocating with the children, you may be wondering what you must accomplish before legally proceeding with this move.
Sometimes, a client will ask, “What happens if I want to leave the State of New Jersey after I’ve been divorced – or even during the divorce?” Relocating outside the jurisdiction with minor children is one of the most difficult challenges family law attorneys face. The court considers many factors in response to a request to relocate outside of the jurisdiction, including the child’s ties to the community, the number of family members who live in New Jersey, and how this move will impact the non-moving parent’s custody and parenting time plan.
Relocating with the Children | Court Order
My classic example is this: One spouse wanting to move to Brooklyn from northern New Jersey is almost a non-event. Although a court order is required, the process is much less difficult than it would be if the contemplated move were from New Jersey to Los Angeles, for instance. The court will consider an extensive range of factors into its decision as to whether or not you can relocate. How will you facilitate adequate parenting time for the non-moving parent? How will you maintain the child’s family ties within New Jersey? What kind of plan can be established so that the child can communicate with the non-moving parent? Does the moving parent have the ability to move, along with the family, even though you’re no longer a cohesive family?
Relocating with the Children | Discuss with a Lawyer
You’ll want to discuss a number of specific factors with your attorney because it’s not as simple as, “I’m buying a plane ticket. I have a new job, and I’m leaving the state of New Jersey.” Getting a court order that allows you to move is a time-consuming process and, if you’re even contemplating such a move, you should begin discussion with your attorney early on.
If you have any questions about relocating with the children, please call our New Jersey family law attorneys for a free consultation.