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What Happens if You Have to Relocate After Divorce?

Parents with potential relocation plans should accordingly address issues early and make sure that these plans are communicated to the other parent.

In New Jersey, the general rule is that a parent cannot relocate with their minor children outside of the state of New Jersey without the consent of the other parent and/or without a court order permitting same. Accordingly, in our increasingly geographically mobile society, issues arising from one party wishing to leave the state of New Jersey with the children have become much more prevalent. Parents with potential relocation plans should accordingly address these issues sooner rather than later; and should make sure that these plans are communicated to the other parent, hopefully, provisions could be made to maintain the other parent’s relationship with the children once the move takes place. While the court will examine the motives of each party when considering a relocation application, the test remains the “best interests of the children” and, as such, the parent seeking relocation will generally also need to propose a parenting time plan designed to preserve the children’s relationship with the parent remaining in New Jersey.

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