For the last 16 years, a parent with primary physical custody in the State of New Jersey was able to relocate out-of-State with his or her children if they were able to prove that the move was being made in good faith and that the move would not be harmful to the children. It was not a particularly difficult standard to overcome, so long as the relocating party was able to assure the court that the other parent would be able to maintain his or her relationship with the children.
Earlier this month, the Supreme Court of New Jersey has changed that standard. Rather than proving “good faith,” the relocating parent must now prove that the move is actually in the children’s best interests. This is a far more difficult standard to overcome and serves to protect the rights of the non-relocating parent. The Supreme Court sought to address a growing concern that custodial parents were relocating and the relationship between the children and the parent staying behind was being irreparably damaged.
Although it has now become more difficult to relocate, it is certainly not impossible. If you are seeking to relocate out-of-State with your children, you will require the assistance of legal counsel in order to maximize your chances of being able to relocate. Please be sure to keep in mind that, if your divorce agreement does not permit you to relocate without the permission of your former spouse, you will be required to secure that permission prior to relocating. If your former spouse does not provide his or her consent, you will be required to file an application with the court. Relocating with your children prior to obtaining such consent may backfire and may cause the court to force your return to the State of New Jersey.
Be sure to consult with an attorney prior to making a move in order to discuss your options. Birz Law, LLC is dedicated to getting you the results you are looking for.