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New Jersey places limitations upon the ability of a custodial parent to relocate with children outside of its jurisdiction. The "removal" statute, N.J.S.A. 9:2-2 prohibits the removal of children of divorced or separated parents from the State of New Jersey without Court authorization unless both parents consent or the children consent if they are deemed old enough.
When the parents do not share physical and joint legal custody, the burden is on the relocating parent to establish a good faith motive for the move and that the move will not be inimical to the best interests of the children. Baures v. Lewis, 167 N.J. 91 (2001).
The Supreme Court of the State of New Jersey dealt with the issue of relocation in the case of Baures v. Lewis. The Court established various factors to consider in determining whether to grant the custodial parent's application to remove the child from the jurisdiction over the non-custodial parent's objection:
When the parents share physical and joint legal custody, the burden is on the relocating parent to prove that it is in the best interests of the children that custody be transferred to that parent. O'Connor v. O'Connor, 349 N.J. Super. 381 (App. Div. 2002).
Given the complexities involved with Relocation cases, we advise you to contact one of our experienced family law attorneys at 908-735-5161 at Gebhardt & Kiefer today. We handle Relocation and family law issues throughout New Jersey.