Can I Move My Kids Out Of State?
Can I move out of state with my children?
Any child who is born in the state of New Jersey, or has resided here for a period of 5 years, may not be removed from the state without the consent of both parents or by Court Order. If you want to move out of state with your children and the other parent does not consent, you can file a motion with the Family Court to obtain a removal order. Recent case law has made it easier for parents to get permission to move out of state.
In Baures v. Lewis, the custodial parent looking to move must show that 1) a good faith reason for the move; and 2) the child will not suffer because of the move. The court also provided a list of factors to consider in these types of cases including:
a. reasons for the move;
b. reasons the other parent is opposing the move;
c. past history of the parties;
d. available health, education and leisure opportunities in the proposed place of residence as compared with current opportunities;
e. any special needs of the child
f. whether visitation and communication can be developed so that the non-custodial parent’s relationship with the child is not hindered
g. the likelihood that the moving parent will continue to promote the relationship of the non-moving parent;
h. the effect the move may have on extended family members;
i. the child’s preference (if of appropriate age)
j. whether the non-moving party can relocate
k. any other factor in the child’s best interest
Because we are now in an age where technology and travel has improved, the court’s are much more lenient in allowing custodial parent’s to move out of state. Generally, your request will be granted if you can show that you will compromise and make accommodations for visitation and communication with your former spouse.
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