When one parent needs or wants to relocate in such a way that will impact the other parent's custody or parenting time rights, it can create a number of complications. Obviously, one parent's relocation will have a dramatic impact on each parent's time and/or involvement with the children. Whether you wish to move with your children or if you oppose such a move, it is essential to work with a lawyer who is able to take effective, decisive action on your behalf and your children's behalf. At Ruvolo Law Group, LLC, our attorneys have represented numerous clients with relocation matters involving interstate, in-state and even international residence changes.

What is the Legal Standard Under New Jersey Law for Relocating a Child?

Under New Jersey law, parents cannot remove a child outside of New Jersey without first seeking court permission or getting the consent of the other parent.

If the other parent opposes a move, the moving parent must file a motion. A plenary hearing, which is like a mini trial, is often necessary. If the parent who wants to move is the Parent of Primary Residence, two main factors must be proven. The first decision the court will make is whether the relocating parent is moving in good faith, and not to frustrate the other parent's rights. Generally, moving for a new job or moving to live closer to family and support system will satisfy this requirement.

The court's next step will be to determine if the move would be harmful to the child. Among other factors, the court will consider whether the move would harm the child's relationship with the other parent.

However, if the two parents share joint physical custody, the parent who wants to move must prove that it is in the best interest of the child to substantially modify custody and permit the move. This is generally a tougher burden to meet.

At Ruvolo Law Group, LLC, our experienced lawyers are prepared to present the strongest possible case in support of your position.

Experienced Child Relocation Attorneys: Morris and Bergen County Lawyers Serving North and Central New Jersey

Call 973-993-9960 or contact our firm online to schedule a consultation. All communications remain confidential.