Out of State Relocation

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A primary custodial parent (that is, designated under New Jersey law as Parent of Primary Residence, or PPR) or a parent with equal shared physical custody, that wishes to relocate out of state, consent from the other parent must be obtained. Absent such consent, you may petition the court for an order authorizing the move and permitting you to leave with the child. This issue may arise either during the divorce or post-judgement after the divorce is finalized. Some of the more common reasons that a parent seeks to relocate are: a parent wishes to remarry and move out of State with their new spouse, a parent is offered a generous relocation package through their employer or must relocate for job security, a parent is seeking to move out of State in order to be close to a support system to help them balance work/parenting responsibilities.

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As with many things related to children of divorce, the court's primary concern in reviewing such applications is the best interests of the children. Recent New Jersey case law has modified what used to be an analysis looking to determine that a move will not be inimical to the child. Now, however, the court has clarified that the best interest standard controls. Nevertheless, relocation is a complicated and often heated topic between divorced and divorcing couples. Before applying to the court for relief, it is important to understand the issues that may comprise your specific custody arrangement, as these specific facts will undoubtedly impact upon how your application is viewed by the court.

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Return to Custody and Parenting Time

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