The Challenges of Relocating with Children After Divorce

Moving ranks among the 10 most stressful life events. When that event follows a divorce (another highly ranked stressor) and that divorce involves children, relocating brings a new set of challenges.

Relocation, particularly out-of-state moves, can:

• make previously negotiated parenting or visitation plans obsolete;
• increase the burden and expenses of travel on both parents and children;
• make child support obligations more administratively complex and, therefore, more difficult to enforce;
• disrupt the children’s routine by taking away familiar school and neighborhood ties;
• strain the parent/child bond by decreasing the physical interaction with one parent; and/or
• impose additional adjustment periods on the children.

Despite these challenges, relocation may be justified in certain circumstances, particularly if it offers better career opportunities for the relocating parent or closer proximity to extended family. However, before making such a move parents must understand their obligations under the law.

New Jersey law prohibits one parent from moving their child out of state without the express consent of the other parent. If the other parent objects to the move, the relocating parent must seek court approval.

This law doesn’t pertain only to out-of-state moves. Certain in-state moves are allowed with no consent or court intervention necessary provided those moves are within the child’s same school district and allow for the couple’s current parenting plan to be maintained. However, if the in-state move impedes the other parent’s ability to keep up with their regularly scheduled parenting time, then the couple must file with the court for a modified custody agreement.

While ruling on a relocation request, the court will consider several factors keeping the child’s best interest in mind. Those factors include the reason for the move; how the move will impact the child educationally, emotionally, and socially; and how contact between the child and the other parent will be maintained. The court will also consider the relationship the child has with each parent, and any safety concerns or domestic violence history within the family.

When seeking to relocate, the first step is to request consent in writing from the other parent. If consent is refused, the relocating parent must then file a formal motion with the court for permission. At that point, the parent will be asked to show good cause for the move and how it would benefit their child.