While a certain amount of nervous uncertainty can accompany the conclusion of your divorce proceedings, it also brings a good deal of excitement about the new opportunities now before you. One such opportunity may be the chance to move away from New Jersey.
Yet as many of those that we here at the Cipriano Law Offices, P.C. can attest to, the aforementioned nervousness can quickly creep back in when the prospect of your ex-spouse opposes you relocating with your kids arises. The key to overcoming this potential problem is understanding the state’s legal requirements regarding parental relocation.
Providing notice of a pending relocation
According to Section 9.2-2 of New Jersey’s Revised Statutes, the state requires that both you and your ex-spouse consent to a move prior to authorizing it in relation to your child custody agreement. This does not necessarily mean that the state will bar you from moving; rather, it considers whether or not to drastically alter your custody agreement outside of any revisions you propose when providing prior notice of your pending relocation. Should the court believe your motives for moving away are insincere (such as you simply wanting to restrict your ex-spouse’s access to your kids outside of any scenario where abuse is not involved) or that your suggested revisions place an undue hardship on your ex-spouse in seeing the kids, it may alter your agreement in a manner contrary to your desires.
Maintaining control over the process
You can attempt to maintain some degree of control over this process by involving your ex-spouse in your relocation planning. Working with them to come up with a revised agreement that equitably splits the burden in them maintaining a presence in your kids’ lives, the court is much more likely to approve such an agreement.
You can find more information on managing your custody agreement throughout our site.