In today’s mobile society individuals are more frequently presented with the opportunity to relocate from NJ one their divorce is finalized. The move may be for a new job opportunity, in order to pursue a new personal relationship, or to be closer to family. If you are the custodial parent, there are steps that must be taken prior to your move.
First, as the custodial parent, unless your settlement agreement preauthorizes a move, you cannot relocate outside of NJ without the consent of the other parent or a court order permitting the move.
Filing a motion seeking the court’s permission takes time. For this reason, it is suggested that you not wait until the very last minute as the opportunity related to the move could be lost as the legal process unfolds. It is best to raise the issue of a possible move as early as possible with your former spouse. By doing so you can attempt to obtain their consent. Doing so will also allow time for the exchange of information and for the filing of a motion if that becomes necessary.
In bringing a motion before the court you will need to identify the good faith reasons for the move and a proposal on how to minimize the impact of the move on the other parent’s parenting time. A comprehensive analysis can be found in the seminal case of Baures v. Lewis<
If you are considering a move, consult with an experienced family law attorney to determine the proper strategy and approach.
