Legal Question in Family Law in New Jersey

Re: Can ex relocate childred if joint costody

Hi,

She can only "legally" relocate with the permission of the Court. If she moves without the Court's permission, you have several options, including filing an Order to Show Cause to get the returned to you. If you find out she moves, without the Court's permission, you need to file immediately because if you wait too long you might have to go to the state where she relocated.

Next, if she files for removal, she has the burden to prove that it will not affect your parenting time. With the limited information, it does not appear she would win. However, I would seek the assistance of an attorney to help.

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Re: Can ex relocate childred if joint costody

In order for your wife to permanently move from New Jersey with the children she must have your consent or a court order authorizing same.

To obtain the Court's authorization she must demonstrate to the Court that her moving is out of necessity and that it's purpose is not to deprive you of visitation/custody of the children. Also, if she is moving to a neighboring state and within a reasonable distance is more likely to be approved than if she were moving to California or Alaska or Hawaii.

If she moves with the children without either your consent or the required court order she can be made to return the children to New Jersey.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Can ex relocate childred if joint costody

Since you guys have complete joint custody, which is rare, I think her motion for removal doesn't stand that good of a chance. This is a situation where you do not HAVE to do anything affirmatively to keep your children here, she will have to file the motion. However, if she ups and leaves on her own, you run into problems with getting her back here unless you want things to get messy. You may not need a lawyer for any of this, but if you want that extra bit of insurance, a lawyer can't hurt.