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Relocating After A New Jersey Divorce

In New Jersey when a couple divorces, there are instances in which one member of the couple chooses to move out of state following the finalization of the divorce. If there are children involved in the marriage, this can be an issue. When children are involved in a divorce, there are agreements for custody, visitation and child support. If the parent who does not have custody of the child or children is suddenly faced with the possibility of the custodial parent moving out of New Jersey with the children, it could cause a hardship on the non-custodial parent when trying to visit the children or have them come to stay with him or her for the designated time periods. In certain cases, the non-custodial parent might oppose the custodial parent moving out of New Jersey and take legal steps to try and prevent it. The custodial parent must also provide reasons for the move for the court to allow it.

Why Would A Custodial Parent Want To Relocate?

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There are many reasons a person would want to relocate. A new job opportunity, proximity to the divorced person's parents and other family members, better schools or an overall better situation are some of the most prominent justifications for such a move. In New Jersey, the custodial parent is not legally allowed to move the children out of the state without either a court order or the other parent's permission. When choosing to make a move out of New Jersey, it must also be shown that the relocation is being done in good faith and is not being done in order to punish the other parent or deprive him or her of the ability to see the child or children. In addition, it must be determined that the child or children will not suffer due to the relocation. If it is proven that the custodial parent has met these criteria, the non-custodial parent must prove that the relocation is not in the best interests of the children and/or that the relocation is not being done in good faith.

Factors Surrounding Relocation From New Jersey

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When a custodial parent chooses to move out of New Jersey, the court might also consider why the move is being made and why the non-custodial parent is against the move. For example, the relationship is contentious and the custodial parent does not have a better job, improved schools or other viable reasons to move, it can be deduced that the move is being made just to make the non-custodial parent's life more difficult or prevent the visitation of the children entirely. If the non-custodial parent is unable to visit the children on the schedule laid out in the divorce settlement, it could cause unnecessary hardship on the non-custodial parent and the children without justifiable reason.

The child might have a say in the move if he or she is of age to present an opinion. Whether or not the non-custodial parent has the ability and willingness to move as well might be taken into account, and other factors that pertain to the best interests of the child will be considered when the court is deciding whether or not to allow the move.

Contact An Experienced New Jersey Divorce Attorney

If you or a loved one are divorced and are considering moving from Ocean County, Monmouth County or any other area in New Jersey as a custodial parent of a child from the relationship, it is wise to discuss your options with an experienced attorney from the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey. If you are a non-custodial parent whose ex-wife or ex-husband is trying to move out of the state with your child and you object to this decision, you should also consult with an attorney from Villani & DeLuca, P.C.. New Jersey law has parameters that must be adhered to if a divorced spouse is attempting to leave the state with a child. Both parents have rights following a divorce and they are still in effect even if one of the parents chooses to move.

Other Resources: Custodial Parents

Custodial Interference In An Monmouth County Divorce

Shared Parenting In New Jersey Divorces

Handling Child Abduction By A Spouse

Child Custody in a Monmouth County Divorce


Whether you're from Toms River, Howell, Jackson, Middletown or any other town in New Jersey, relocating following a divorce is not as simple as deciding to move and doing so. There are other factors in play and Villani & DeLuca, P.C. can explain these factors and how they can influence your life. Call 732-965-3404 today to discuss your case.

Vincent DeLuca, Esq.

As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 965-3404 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.

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703 Richmond Avenue
Rt. 35 South
Point Pleasant Beach, NJ 08742
(732) 965-3404
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