After a divorce, it is understandable if you want to relocate and start a new chapter in your life. However, if you co-parent, this process becomes much more difficult. According to the New Jersey Courts, parents have several protections, including temporary prevention of relocation outside the state for the child.
If you wish to move, you must obtain consent from the other parent or gain the court’s approval. Your ability to do so depends on the parenting plan, custody arrangement and ability to support yourself financially.
Proving the necessity of relocation
Parents with physical custody usually have difficulty moving outside New Jersey. The court always considers the child’s best interest over yours. To prove the necessity of your move, you must show that a move will improve their quality of life in some way. You might demonstrate this financially, educationally or socially.
Moving within New Jersey
There is no restriction for moving within New Jersey if the relocation does not affect your parenting arrangement. Moving to another neighborhood typically does not require the other parent’s approval. You must be able to fulfill the parenting plan agreement. Otherwise, the court may object to you moving. Moving an hour away when you used to live five minutes away might cause the parent and court to deny your relocation.
Divorcing as a parent is not as straightforward as a childless divorce. Every life change you make must take into account your child’s best interest. This is not only a moral obligation but a legal one as well. Try to work with your ex-spouse if you wish to relocate and come to an amicable solution.