The law requires consent for a custodial parent out move out of state. As the move disrupts the non-custodial parent’s visitation, it is almost always met with an objection. The issue has to be brought before the court for determination.
In New Jersey, the controlling statute required consent from both parents before a child is permitted to move out of the court’s jurisdiction. When consent is not given, the court begins its analysis of the application by first determining the exact custody status of the children. The law in New Jersey has two separate standards to determine relocation matters. If the parties share joint custody then the more difficult standard applies. Primary custody permits a less stringent standard for the court to permit relocation.
Under each analysis, the court will hold a hearing where the party seeking to move must show:
- The present custody arrangement
- The best interest of the child
- Interference with parental rights
- Good faith reason to move
- Effect the move will have on the child
At this hearing, the custodial parent must make a threshold showing that there is a real advantage to the parent in the move and that the move is not inimical to the best interest of the child. The wording used by the courts is confusing. Clients always ask what is the best interest of the child and what does inimical to the child’s best interest mean. In making this determination the court lays out factors for us that best answer these questions. Specifically, these factors are:
- Reason given for the move
- Reason given for the opposition
- Past history of the parties in so far as it bears on the reasons advanced by both parties for supporting and opposing the move
- Whether the child will receive educational, health and leisure opportunities at least equal to what is available in the home state
- Any special needs or talents of the child that require accommodation
- Whether a parenting time schedule can be developed that will allow the non-custodial parent to maintain a relationship with the child
- Likelihood the custodial parent will encourage to foster a relationship between the child and the non-custodial parent
- If the child is of age his or her preference
- If the child is entering the senior year of high school
- Whether the non-custodial party can relocate
- Any other important factor
It is evident that the court takes relocation cases seriously. If you are contemplating relocation and need help applying to the court for permission to move, please call the Law Offices of Anthony Carbone, PC. We have been handling relocation and other family-related cases for more than 25 years. Let our experience and reputation work for you.