As today’s society becomes increasingly mobile, divorce parents often find that the need to move from New Jersey after their divorce has been finalized. The need to move can arise due to a new job offer, remarriage, or the need to become a caretaker for elderly parents. Under NJ law, the custodial parent cannot relocate outside of the state without the consent of the other party or a court order permitting the move.
In a recently decided but unpublished decision the Appellate Court once gain tackles this issue and explains the criteria the parent seeking the move must satisfy. From the NJ Law Journal:
FAMILY LAW — RELOCATION
20-2-7504 Parsons v. Forman, App. Div. (per curiam) (6 pp.) In this post-divorce matter, plaintiff, the custodial parent, appeals the denial of her motion seeking permission to relocate with the parties’ son to Colorado. The panel reverses, finding that standing alone the effect of the relocation on defendant’s parenting time was insufficient to justify denial of plaintiff’s motion to relocate where she provided a good faith reason to relocate and the evidence satisfied the application Baures factors and defendant presented no alternative parenting-time schedule and no evidence that relocation and a change in his parenting-time schedule would be inimical to the child’s best interests.
