What Happens When Your Ex Wants to Relocate Your Children Out of State?

You have gone through a rough, contentious divorce. After much emotion and heartache over the decisions of how you will raise your children going forward, you finally came to an agreement on every aspect of what level of decision making and involvement you and your former spouse will have in your children’s lives. No parent is “happy” with the divorce but they are at least content they will be a meaningful part of their children’s lives going forward.

Then it happens: Your ex says that he or she wants to move out of state with your children. Maybe it is for a good reason–a job promotion or to provide your children with some kind of educational opportunity. The fact remains that if you felt like you were not seeing your children enough after your divorce, you now face the prospect of seeing them even less, spending a lot more money to see them, and watching them grow up from what may be hundreds of miles away.

Permission Must be Given to Relocate

Unless both parties agree, New Jersey law allows a court to decide whether a parent has permission to relocate a child out of state permanently. A court will grant that request, so long as there is good cause for moving. But of course, what seems like good cause to your ex may not seem that way to you–or at least, it may not be enough to override your relationship in your child’s life.

Last year, the New Jersey Supreme Court said that good cause meant “in the best interest of the child.” The motive behind the law is recognizing that even if you are a non-custodial parent (i.e., your child does not live with you a majority of the time), you still have rights to a relationship with him or her. Those rights can not be unilaterally altered by the custodial parent being allowed to remove the child out of state.

In considering a parent’s request to relocate a child out of state, a court will evaluate how far the custodial parent will go to make sure the child has a relationship with the other parent if permission is granted. That means that parents with a long history of fighting may have a tougher time relocating children. If the child is old enough, his or her preference will also be considered. The child’s educational and social stability are also factors in the court’s decision.

Moving Without Permission

It is illegal to move children out of state permanently without first obtaining a court’s permission, and it is also illegal to remove them first and then file a motion asking for removal afterwards. Put another way, never relocate children first and ask permission later.

Aside from being illegal, if you do relocate without permission, any later request to a court to relocate children will be denied, based on a prior history of unilaterally doing so without consent of your ex or the courts.

It is always best to get legal advice in family law matters concerning children. Contact Agnes Rybar LLC for help and guidance with any kind of family law or child custody issues.