New Jersey law provides that one parent may not move 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 employed in another state.
What happens when a parent consents to the children’s move out of state?
If the other parent consents, it usually is because acceptable modifications to the parenting time schedule and child support are negotiated to take into account the travel, time and cost necessary for the children to spend time with that parent. No Court intervention is required, although most parties have their attorneys prepare a Consent Order reflecting their agreement on all these issues so it can be enforced if necessary.
What happens when a parent does not consent to the children’s move out of state?
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 to do so. Removal cases, as they are called in New Jersey, can be every bit as difficult as full-blown custody cases, including the necessity for expert psychological evaluations, so the remarks regarding those cases are applicable to these as well.
We stand ready to assist our clients in the negotiation and, if necessary, litigation of these sensitive issues.