Can your ex move with your children out of the State of New Jersey?

A father who is the parent of alternate residence might think that he has no say in the matter.  Clearly, his children’s relocation to another state would substantially change his ability to spend time with them.  But, what are his options?

To start, the law in New Jersey requires that the relocating parent either have the consent of the other parent to relocate or have the court’s approval.  This is true even in cases where the relocating parent is the parent of primary residence.  But what if the relocating parent simply leaves without doing either of the above?  At that point, the parent of alternate residence can file a motion seeking the children’s return as well as ask for other pertinent relief. 

Where consent has not been given, the court will consider several factors in making its decision.  These factors include, but are not limited to, the reasons for the move, the children’s relationship with the parent, educational needs, health needs, age and preference.  For more information regarding relocation and your parental rights, please call us at (908) 879-9499.

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