Can a Custodial Parent Move
to Another State After the Divorce?
Yes, relocation after divorce is possible. However, this can only be done with court approval. And when the other ex-spouse contests the move, getting that approval can be a very difficult thing to do.
The irony for people in Morris County and other parts of northern New Jersey is that moving hundreds of miles away, anywhere within the state, can be done without any permission at all. Such a move can drastically affect the non-custodial parent's child visitation rights. And yet, moving just across the Hudson or 10 minutes away into eastern Pennsylvania requires so much more.
At Simeone & O'Sullivan, we have effectively represented individuals on both sides of the relocation issue and we are here to help. If you would like to speak with one of our lawyers about your concerns in this area, call our Morristown, New Jersey, offices directly at 973-455-1105 or contact us online.
Getting Relocation Approved
If you are seeking to move, the most efficient approach is to talk with your former spouse and come to an agreement. The court will still have to approve the relocation and your new agreement. But, generally speaking, they nearly always approve a move that has both parents' consent.
If you can't come to an agreement, you will have to go to court and obtain a judge's permission. Unfortunately, that is much easier said than done in a relocation case. The burden of proof will be heavy. Essentially, you will be required to show a compelling reason for the move (a significantly better job, remarriage or something similar) and show that it will not harm the children.
Our attorneys' experience with high-conflict custody and move-away cases is extensive and can be a valuable asset to have working for you in this situation.
Challenging the Relocation of Your Kids
Our firm also represents non-custodial parents seeking to preserve the status quo and the relationships they've worked hard to develop with their children. In these cases, we work with child psychologists, professional investigators and others to aggressively challenge proposed relocations at every step of the process.
Focused Solely on Family Law and Divorce
Dedicated to Protecting Your Rights: Call Us at 973-455-1105
Call our lawyers directly or contact the firm's offices online. Flexible appointment scheduling is available to meet your needs. We accept major credit cards as well.
