{"id":1296,"date":"2014-05-04T09:10:16","date_gmt":"2014-05-04T13:10:16","guid":{"rendered":"https:\/\/thedurstfirm.com\/?p=1296"},"modified":"2014-05-01T09:10:50","modified_gmt":"2014-05-01T13:10:50","slug":"my-divorce-is-over-i-want-to-move-out-of-nj-with-our-kids-what-do-i-do","status":"publish","type":"post","link":"https:\/\/thedurstfirm.com\/?p=1296","title":{"rendered":"My divorce is over &#038; I want to move out of NJ with our kids. What do I do?"},"content":{"rendered":"<p>In today&#8217;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.<\/p>\n<p>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.  <\/p>\n<p>Filing a motion seeking the court&#8217;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.<\/p>\n<p>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&#8217;s parenting time.  A comprehensive analysis can be found in the seminal case of <u>Baures v. Lewis<<\/u><\/u>  <\/p>\n<p>If you are considering a move, consult with an experienced family law attorney to determine the proper strategy and approach.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In today&#8217;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 &hellip; <a href=\"https:\/\/thedurstfirm.com\/?p=1296\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false},"categories":[28],"tags":[],"class_list":["post-1296","post","type-post","status-publish","format-standard","hentry","category-durstfirm-news"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6omM8-kU","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":893,"url":"https:\/\/thedurstfirm.com\/?p=893","url_meta":{"origin":1296,"position":0},"title":"NJ Appellate Court clarifies law on relocating out of state with a child","author":"Sandy Durst","date":"September 10, 2012","format":false,"excerpt":"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\u00a0a new job offer, remarriage, or the need to become a caretaker for elderly parents.\u00a0 Under NJ law, the\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1004,"url":"https:\/\/thedurstfirm.com\/?p=1004","url_meta":{"origin":1296,"position":1},"title":"Court eases burden for a parent seeking to relocate out of NJ with the children","author":"Sandy Durst","date":"February 12, 2013","format":false,"excerpt":"In today's mobile society\u00a0 \u00a0in which both parents work it has become increasingly likely that the custodial parent may need t relocate outside of New Jersey.\u00a0\u00a0\u00a0 Generally, the custodial parent cannot move out of New Jersey without the consent of the other parent or a court order permitting the move.\u00a0\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2029,"url":"https:\/\/thedurstfirm.com\/?p=2029","url_meta":{"origin":1296,"position":2},"title":"My divorce is done. Can I move out of NJ with our child?","author":"Sandy Durst","date":"February 5, 2016","format":false,"excerpt":"Once a divorce is completed, many clients are ready to establish a new life and move on from the divorce process. One way people try to begin a new is to establish a new residence. \u00a0Sometimes they want this new home to be outside of New Jersey. If there are\u2026","rel":"","context":"In &quot;Durst on Divorce&quot;","block_context":{"text":"Durst on Divorce","link":"https:\/\/thedurstfirm.com\/?cat=27"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2016\/01\/img_1354.jpeg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":3010,"url":"https:\/\/thedurstfirm.com\/?p=3010","url_meta":{"origin":1296,"position":3},"title":"Starting Fresh: Moving Out of NJ with Your Child After Divorce","author":"Sandy Durst","date":"May 14, 2025","format":false,"excerpt":"Divorce is never easy, especially when children are involved. On top of the emotional upheaval, there are practical questions to answer\u2014like where you'll live, how custody will work, and whether a fresh start in a new place might be the right next step. If you\u2019re considering moving out of New\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"small truck parked near trees","src":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/04\/pexels-photo-9115445.jpeg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/04\/pexels-photo-9115445.jpeg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/04\/pexels-photo-9115445.jpeg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/04\/pexels-photo-9115445.jpeg?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":1131,"url":"https:\/\/thedurstfirm.com\/?p=1131","url_meta":{"origin":1296,"position":4},"title":"NJ Supreme Court gives both parents an equal voice in deciding last name of the child","author":"Sandy Durst","date":"August 13, 2013","format":false,"excerpt":"In a recent NJ Supreme Court decision, the rights of the non-custodial parent were placed on equal footing with those of the parent of primary custody when it comes to establishing the surname of the child.\u00a0 This is an important development in the law for the non-custodial parent. \u00a0 Parents\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1008,"url":"https:\/\/thedurstfirm.com\/?p=1008","url_meta":{"origin":1296,"position":5},"title":"Making relocation easier. Is this a positive trend?","author":"Sandy Durst","date":"February 14, 2013","format":false,"excerpt":"In a continuing stream of court opinions that appear to make it easier for a custodial parent to relocate outside the borders of New Jersey with the children, an unreported decision remanded a relocation case back to the trial judge so that a plenary hearing could be held. Such a\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/1296","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1296"}],"version-history":[{"count":1,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/1296\/revisions"}],"predecessor-version":[{"id":1297,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/1296\/revisions\/1297"}],"wp:attachment":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1296"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1296"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1296"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}