Does New Jersey Impose Travel Restrictions for Minor Children in Divorce?

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.

Contact the Law Office of David M. Lipshutz

We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.