New Jersey parents who are subject to child custody and parenting time orders may have to leave this state for any number of reasons.
For example, they may get a job opportunity they cannot afford to pass up, or they may just want or even need to move closer to extended family.
Parents in this situation should first review and follow their child custody orders. These orders may spell out their rights and responsibilities in detail.
Even without an order, New Jersey parents should remember that New Jersey’s laws require that a parent who wants to move their child to another state must either get the other parent to agree or get a court order allowing the move.
There is an exception for certain emergency situations, like when a parent moves to escape abuse.
Parents who live in New York and who are interested should be aware that separate laws apply to their situation.
If the other parent disagrees, the parent wanting to move must prove their case
A parent wanting to move should not underestimate the value of working out an agreement with the other parent.
While this is not always an option, an agreement can save time, stress and money. It also means a parent does not have to count on a judge to approve their move.
So long as the parent agrees to the move, the parent will usually just have to make sure the agreement gets put in writing and filed with the court.
Otherwise, the parent who wants to move will have to prove to the court that the move is in the best interest of the children. The judge will consider a number of factors when making this decision.
New Jersey parents are often trying to leave the state with their children for good reasons. They will want to make sure that they are prepared to make a convincing legal argument that the judge should let them do so.