What Limits Are There on Traveling with Minor Children
We live in an increasingly mobile society, and that affects families of divorce in New Jersey. In the aftermath of a marital breakup, one of the parents may want to move, often for a better job or to be closer to family, or perhaps for a fresh start. Are there restrictions on the ability of a custodial parent to move away from the non-custodial parent? Are there limitations on either parent with respect to taking a minor child to another state?
Can a Custodial Parent Move Away from the Non-Custodial Parent after a Divorce?
The rules governing the relocation of a divorced parent of minor children differ, based on whether the parent is the custodial parent or the non-custodial parent. There are currently no laws in New Jersey that prevent a non-custodial parent from moving to another part of the state or from moving out of state. A custodial parent, however, may not do so without the consent of the other parent or the approval of the Court.
A custodial parent may relocate to another state with a minor child with the non-custodial parent’s consent, but should obtain that permission in writing. That’s not required, but will simplify matters if there’s a dispute. If the non-custodial parent refuses to grant permission to relocate, it may only be done pursuant to a court order. The Court must decide if the advantages to moving for the child outweigh the disadvantages.
Can Either Parent Take a Minor Child Out of New Jersey without Permission or Court Order?
A custody order may identify what must happen before a custodial or non-custodial parent can travel out of state with a minor child. In the absence of language in the divorce decree, either parent may take a minor child out of the state of New Jersey temporarily without the express consent of the other parent.
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