There are a lot of reasons why you might want to leave the Garden State. Maybe you’ve been offered a great job opportunity elsewhere or you need to be closer to your extended family. Maybe you just want to relocate to a place where it’s cheaper to live. No matter what your reason for moving out of New Jersey, the most important thing you need to know as a parent with a child custody order is that you cannot simply pick up your child and leave the state. Your child needs to have a consistent relationship with both of his or her parents. Depending on where you go, this can be impossible with an interstate move.
So what does this mean for you? Does it mean you’re stuck in New Jersey until your child turns eighteen? Not necessarily.
If you share custody with your child’s other parent, he or she will have to give his or her consent to your moving out of state. Otherwise, you will need to petition to the court to overrule your former partner’s opposition.
If you currently have a child custody or parenting plan in place, you will need court approval to move out of state with your child. If the court feels that moving out of state would harm your child’s relationship with his or her other parent, it may deny your request.
If your child’s other parent does not consent to your move, you will need to prove to the court that moving out of state is in your child’s best interest. If he or she will have a better standard of living in the new location, you will have to convey this through your petition. The distance of your move will be a factor, as will your former partner’s ability to relocate to be closer to your child in his or her new home. For example, it can be easier to have the court approve a move from southern New Jersey to the Philadelphia area than it would be to have the court approve of a move from New Jersey to Montana.
To learn more about the process of obtaining court approval to move out of state, contact The Law Office of Eric B. Hannum Esq., LLC. at (732) 365-3299 to schedule your free legal consultation with our firm. We are proud advocates for New Jersey families throughout Burlington, Ocean, Monmouth, Mercer, and Middlesex counties.