Relocating Out of State With Children After Divorce

Over the years there have been evolving standards used in judicial determinations as to what grounds will be sufficient to permit a parent to relocate out-of-state with their child. Presently, New Jersey has two different standards to apply when these types of matters come before the court. A determination first needs to be made by the court as to whether the parents have a traditional custodial relationship or whether the parents have a shared custodial relationship.

When one parent is clearly the primary custodian of the children (traditional custodial relationship), that parent must satisfy a two-step standard. He or she must demonstrate that they have a good-faith reason for their request to relocate and that their relocation will not be detrimental to the child’s best interest. If the parent can satisfy the Court that they have met the standard, the Court will then examine several factors as to whether or not to permit the relocation.

If the parents have a shared custodial relationship with their child, then the right to relocate with the child from New Jersey requires an actual change in the custodial agreement between the two parents. If this is the case, the parent seeking to effectively change or modify the existing custodial relationship with the child has the threshold requirement to show that there is now a substantial change in circumstances and that the best interests of the child are served by a change in the existing custody agreement.

No matter which custodial arrangement exists these matters are extremely fact sensitive. Our Courts are constantly called upon to make such determinations and, as a result, the law in this area is constantly evolving. Any divorced parent who is facing these issues should retain experienced family lawyers to further discuss the case law and the intricacies of their particular family situation. Lindabury’s Family Law Group has decades of experience representing clients in divorce and other serious New Jersey family law matters.  We provide the full range of divorce and family law services and are easily accessible from our Westfield New Jersey office.