What if you want to relocate after your divorce?

After a divorce, many will often choose to move away from Morristown. If you are contemplating such a move, you should consider how this may impact your child custody agreement. If you have custody of your children, you will likely plan on taking them with you. Yet depending upon where you plan to move to, your ex-spouse’s custody or visitation could be affected. Before settling on the idea of relocating, you may want educate yourself on New Jersey’s parental relocation requirements.

New Jersey state law stipulates that you can only relocate from the area in which you currently live with your children if you have the consent of your ex. If he or she agrees to the move, then you should ask to have that consent verified in writing. That way, if he or she has a change of heart later on, you have documentation indicating his or her approval of the move.

If your ex-spouse does not agree with the move, you still may earn the approval of the court to relocate with your kids. You first must show the court that the motives for your planned move are legitimate and not a way to limit your ex’s time with your kids. Valid reasons to relocate may include a move to pursue better employment opportunities or to be closer to family.

Along with proving that your move is in good faith, you will also need to present a plan to the court showing how you will ensure that your ex will still be able to maintain a good relationship with your kids. This should include your children routinely returning to New Jersey to visit as well as plans for your ex to visit your new home. The costs for these visits should also be accounted for in your plan.