If you are seeking to relocate with your child out of the State or if the parent of primary residence is seeking to relocate, you may be facing the filing of a motion for relocation. In New Jersey, both parents of a child must consent to the relocation or a Court must order the relocation in order for a child to be relocated outside the State of New Jersey.
Upon the filing of a motion for relocation, the Court will consider the status quo of the parties as to custody and parenting time and who is the parent of primary residence.
If a parent is the parent of primary residence, they will have to show good cause for the relocation, which may include a position of employment or family located in the area of relocation. A Court may consider ordering a plenary hearing, a trial where evidence is submitted and testimony is taken, to determine whether or not to allow the relocation.