New Jersey law prohibits a parent of a child who is divorced or separated from removing a child who is a living in New Jersey, or who has resided in the state for five or more years, without the consent of the noncustodial parent or a Court Order.
When is Moving a Child out of State Allowed?
If the non-custodial parent will not agree to the move, then the custodial parent needs to apply to the Superior Court for an Order to permit removing the child from the state. The parent with custody must prove in good faith the reason for the move and that moving will not hurt the child or the relationship with the other parent. If the non-custodial parent disagrees, The Court will decide whether to permit the removal by the following factors:
- The custodial parent’s reasons moving the child/children.
- The objection to the move and reasons why they should not move.
- The past history of both parent’s behavior.
- The opportunities for the child will be equal to what is offered in New Jersey. (Healthcare, Education, Religion, Safety)
- Accommodation for the needs of the child/children.
- The visitation plan and how it can be created so that the non-custodial parent will be able continue a consistent relationship with the child/children.
- The probability that the custodial parent will promote a relationship between the child and the non-custodial parent at the new location.
- The family relationships in New Jersey will continue with relatives and friends.
- The child’s choices – depending on his or her age.
- If the child is starting his or her senior year in high school.
- Whether the non-custodial parent can move to proposed location.
- Any other factor affecting the child’s interest.
- What about Shared Custody Agreements?
When the non-custodial parent has shared custody the Court views the application for the permit as a Motion for a Change of Custody and the move will only be allowed if it is found to be in the best interest of the child. The Court views this as an attempt to change custody. If you are thinking about relocating a child outside the State of New Jersey, seek legal advice months before the move.
Hofmann Law Firm, LLC is located in Princeton, NJ and serves clients in and around Mercer County, Middlesex County, Somerset County, Burlington County, Hunterdon County, Ocean County and Monmouth County. Hoffman Law Firm offers FREE Consultations and will help you get the help you need. Call (609) 375-2049 today.