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Relocation of Children out of the State of New Jersey and the Filing of Motions for Relocation

Nov 25, 2014 @ 12:10 PM — by Michael Green

If you are seeking to relocate out of the State of New Jersey with a child that is a product of a divorce or a relationship, you will likely need to file a motion with the Court seeking an Order that permits you to relocate.  If your ex-spouse or ex-partner does not consent to the relocation, in the State of New Jersey, relocation is not permissible without a Court Order. At Green & Associates, your New Jersey Family Law Office, we can file the motion and litigate the issue for you.  Call us at 732-390-0480 or 201-242-1119 for a free consultation.

If your ex-spouse or ex-partner does consent to the relocation, generally you are better off with a filed consent order by the parties so that the relocation cannot be questioned later on.  Very often, in relocation motions, the Court orders a plenary hearing, a hearing where evidence is entered and testimony is taken to determine, in cases where the primary residential parent is seeking to relocate, if the relocation is not immicable to the best interests of the child.

There are times where a psychological expert is hired by the parties to make a best interest evaluation, to determine whether or not the relocation is in the best interest of the child.  Generally, that is when custody is an issue.  First a determination may be made as which parent should be the parent of primary residence, and what is in the best interest of the child.  Thereafter, it may be determined if the relocation is not against the best interests of the child.

Generally, the party seeking the relocation must show "good cause" for the relocation, which may include seeking to live near family, a new job, better educational opportunities for the child, or better healthcare opportunities for the child, if that child has special needs.  In addition, a parenting plan will have to be presented to show that the other party will have an opportunity to see the child on a regular basis if that has been the status quo.  Costs for transportation will also have to be addressed and a holidy parenting plan will have to be presented as well.  Often, summers and Christmas and Easter breaks make up a predominate amount of time for parenting for the parent of alternate residence.

After the plenary hearing, the Court will make a determination as to whether or not relocation will be permitted despite the other party refusing to consent. 

If you are seeking relocation, please call Green & Associates for a free relocation, ask us about our flat fees for motions and limited uncontested divorces.

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