What Happens When A Divorced Spouse Wants To Move?

When it comes to relocation cases, the courts in New Jersey are required to follow statutes and case law. Additionally, relocation disputes tend to be fact-sensitive, requiring the family law courts to look at each case individually and make decisions based on the information at hand.

An experienced family law attorney who understands the courts' criteria can provide invaluable legal help in relocation cases. The family law firm of Laufer, Dalena, Jensen & Bradley, LLC, in Morristown, has successfully represented many New Jersey residents in accomplishing their relocation goals.

Are you considering relocating to a different city or state, and have questions about how your move will affect your child custody, visitation or child support arrangement? Is your spouse considering moving? Call 973-975-4043.

A custodial parent in New Jersey must obtain written consent from the noncustodial parents or a court order to be permitted to relocate to another jurisdiction. The standards governing relocation are discussed in the article "The New Standard on Relocation Out of State with a Minor" on our articles page by firm attorney Kimberly Boyd.

In order to gain court approval of a move, a custodial parent must first demonstrate a good faith reason to move with the child or children. Commonly approved reasons include:

  • Moving to live near relatives
  • Moving for a new or higher paying job
  • Remarriage
  • Medical conditions
  • Cost of living concerns
  • Returning to a city or state of origin

The custodial parent must also prove that the proposed move will not be harmful to the best interests of the children. We will conduct a full investigation regarding how a prospective move will affect all parties, including the children. Some areas of concern would be employment, education, community and housing opportunities. By gathering supporting facts and providing aggressive advocacy, we can make the case for a move to benefit you and your children, or prevent a move in the event your spouse seeks to remove your children from your area.

Contact Us

For experienced family law and relocation legal assistance, contact our office. We offer consultations in all practice areas, accept Mastercard and Visa, and are available for evening and weekend appointments. Our rates are reasonable, and we are conveniently located one-half block from the Morristown Green. To contact us, call 973-975-4043.