Plain and Simple Legal Advice


Resolving Child Relocation Issues

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You may have excellent reasons for wanting to move somewhere else with your children after a divorce. You may be absolutely certain, in fact, that the move is 100 percent in your children’s best interests. Even if you’re right, however, it’s important that you speak to an attorney about the potential legal complications involved with this as soon as possible.

The same is true if you don’t have primary custody of your children and want to oppose a potential move. And again, the sooner the better.

At Karcher Law Firm, we are dedicated to protecting the rights of unmarried and divorced parents who seek our help with this issue and are equally committed to achieving solutions that serve the best interests of their children. Whatever your position, we can help.

Call 732-852-7018 for a free phone consultation today. From our Red Bank office, we help clients throughout Monmouth County and along the Jersey Shore.

When Are Moves Allowed?

Generally speaking, if you have primary custody and want to relocate with your children to another country or state (even just a few miles away to the other side of the Hudson or to Delaware), you must obtain the consent of the other parent or the courts. In either case, you should have a detailed parenting plan for ensuring specific and frequent contact between the children and the other parent. You should also be prepared to show that there’s a legitimate purpose for the move and that its benefits would outweigh the detriments.

“Can I move anywhere I want within the state of New Jersey?”

Unless the marital settlement agreement contains a provision to the contrary, New Jersey case law supports the proposition that parents who have primary custody can move anywhere within the state’s borders without seeking permission first.

It’s important to consider the effect the move will have on your children, the other parent and the existing child custody, parenting time and child support arrangements.

The reality for most is that a move of significant distance within New Jersey will also land you in court if you handle it without any regard for or input from the other parent. In this case, however, it won’t be to seek a judge’s approval for parental relocation, but to respond to a petition for post-divorce modifications brought by the other parent.

Everything we’ve talked about here just scratches the surface of what’s involved with custodial parent relocation. Given the complexities of this issue — and again, no matter which side of it you are on — it’s important that you speak to an experienced attorney about this as soon as possible.

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