In many divorce and post-divorce custody and parenting time disputes, one of the most potentially contentious areas of dispute involves a parent’s request to relocate with the children. Characterized as often resulting in emotionally “heart-wrenching” decisions, relocation requests are analyzed under different legal standards depending on: (1) the existing custody arrangement; (2) whether the requested move is intrastate or interstate; (3) whether there exists a written agreement between the parties regarding relocation; and (4) whether the requesting party is acting in good faith. Understanding the law and its nuances can greatly aid litigants and practitioners in what may become a highly protracted litigation involving parents, children and experts to determine whether the relocation should occur.

Intrastate Relocation

Generally, a parent with primary physical custody of the child can decide to relocate within New Jersey without the noncustodial parent’s authorization because, according to the Appellate Division’s decision in Schulze v. Morris, 361 N.J. Super. 419, 426 (App. Div. 2003), moving intrastate is not actually viewed as a form of relocation. This conclusion also comports with the language contained in New Jersey’s anti-removal statute. N.J.S.A. 9:2-2. In fact, the custodial parent is not required to file a motion for permission to relocate within New Jersey. To the contrary, the opposing parent must file a motion and successfully establish that the move presents a “substantial change in circumstance” harmful to his or her relationship with the child, or contrary to the child’s best interests. See id. While the opposing parent will not likely be able to block the move, it may necessitate a review of the custody and time-sharing arrangement.

Interstate Relocation

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]