The American Psychological Association suggests that nearly half of married couples will eventually divorce. Many of these couples have children, so their divorce involves making compromises and sharing parental responsibilities between the now separated parents.
One serious issue that comes up more frequently than you’d think is a parent’s ability to travel with their child after a divorce occurs. Moving out-of-state or even planning a vacation is now complicated by child custody arrangements.
Read on to learn the basics of traveling with your child after a divorce in New Jersey.
Moving to a Different State
In New Jersey, courtrooms will allow a custodial parent and their child to move out of state if the noncustodial parent doesn’t object. If the other parent objects, however, then a courtroom will need to have a hearing and make a ruling on the matter on a case-by-case basis. The custodial parent is barred from moving out-of-state until they have court approval.
In the past, New Jersey’s courts were more likely to order the parent and child to remain in the state due to concerns of distance from the non-custodial parent. Today, courts analyze a list of factors when making such a decision. These factors are:
- The custodial parent’s reason for the move
- The non-custodial parent’s reason for opposing the move
- The child’s needs
- Whether the child’s educational, leisure and health opportunities will be equal in the new area
- Whether visitation and communication with the non-custodial parent can continue
- The child’s preference (dependent on age)
- Whether the non-custodial parent can relocate
- The effect of the move on the child’s relationships with extended family members
In short, the parent needs to show that there is a good faith reason for wanting to move out of state, and they need to show that such a move would not be detrimental to the child’s interests.
Similarly, even leaving the state of New Jersey temporarily can cause problems if you’re under a shared custody agreement. You’ll need to either get the other parent’s permission or petition the courts to allow a vacation.
International travel requires the consent of both parents. If the non-custodial parent objects, then the other parent can petition the courts for a ruling on the issue.
Contact a Voorhees Family Law Attorney for a Consultation About Travel Restrictions in New Jersey Today
If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as traveling with your children after a divorce, child custody, child support, or division of property, you need to speak with a qualified attorney. The New Jersey family law attorneys at Davis & Mendelson represent clients throughout the state, including Voorhees, Cherry Hill, Moorestown, Medford and Mt. Laurel. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at 856-627-0100 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1200 Laurel Oak Road, Suite 101, Voorhees, NJ 08043.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.