Can my ex-spouse prevent me from moving out of the State of New Jersey with my child?
Posted January 19, 2023
I was recently asked by South Jersey Magazine the following question. Can my ex-spouse prevent me from moving out of the State of New Jersey with my child? The following is my answer:
Separated or divorced parents cannot move out of the State of New Jersey with a child unless they have obtained either (1) the consent of the other parent, or (2) a Court Order. New Jersey law requires the parent seeking to relocate to make a showing of “cause” before the Court can authorize a permanent move.
When parents share custody of their child, the existence of “cause” for a move is determined by the Court through a best interest of the child analysis. In contested cases involving a parent seeking to relocate outside of the State of New Jersey with a child, the Court will make findings related to the fourteen statutory factors set forth under N.J.S.A. 9:2-4. These factors must be considered in deciding whether the move is in the child’s best interest. In addition, the Court may also review any other factors that the Judge believes are relevant to the case.
In the event you are seeking to move out of the State with your child, a Motion must be made with the Superior Court of New Jersey. In most cases, a plenary hearing will be necessary. At the hearing, both sides will present evidence and arguments to the Court regarding the request for relocation.
Obviously, this is a quick overview of what can be a complicated process. Therefore, please contact me if you have any questions or need any family law assistance.
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