What to Know if I Want to Move Out of State With My Children

This is a sampling of what the Court will look for if you wish to move out of the State of New Jersey with your children:

  • Parent of Primary Residence’s reasons for requesting the relocation.
  • Parent of Alternative Residence’s reasons for opposing the relocation.
  • Whether or not past dealings between the couple have had an impact on the decision to request or oppose the move.
  • Comparison of educational, health, and recreational opportunities in both states.
  • Whether the child’s special needs and talents will be addressed.
  • Feasibility of a communication and visitation schedule that allows the child and the Parent of Alternate Residence to maintain a full relationship.
  • Likelihood that the Parent of Primary Residence will foster the relationship between the child and the Parent of Alternate Residence after the move.
  • Effect of the relocation on both extended families.
  • Child’s preference, if the child is old enough.
  • If in or entering the senior year in high school, does the child consent to the move.
  • The Parent of Alternative Residence’s ability to relocate to the new State, including whether the Parent of Alternate Residence has in the past expressed a willingness to move.
  • Anything else the court thinks has a bearing on the best interests of the child.

To prepare for an application for relocation or removal, the Parent of Primary Residence should, with the help of their attorney do extensive research to be able to answer these questions and more.