Can I Move Out of the State of New Jersey with my child/children?

If you are considering moving out of the state of New Jersey with your child or children, there are things you need to consider before taking the final step. Our co-founder Sarah J. Jacobs, shares important information you need to know that will help you make the best decision for you and your children.

A lot of questions arise with the issue of custody and parenting time where parents want to know from us how they can leave the state of New Jersey and move somewhere else especially with their child or children.

What does the law say about crossing borders with my child or children?

It is statutory law that says a child who is a resident of the state of New Jersey can not be removed from its borders either without permission from the other parent or an order of the court. There are some nuances and exceptions to that where an emergency situation could arise and a court of another state could consider you there for an emergency purpose and provide temporary acceptance for you to stay, but most often the only way that you can legally move your child out of state is whether if your co-parent agrees and you formally enter into a consent order or custody agreement outlining the terms related to custody and parenting time in the move; or if you file an application with the court and after a process to determine whether that move is in the child’s best interest, a court agrees and enters an order allowing you to move.

What happens if my co-parent does not give permission for the move?

Without these two ways or unless you fall into a very specific nuanced area you can not simply move your child out of state, if you are considering a move with your child, I urge you to speak with an attorney because this is a very fine line and it is important for you to get advice from an experienced matrimonial attorney who can guide you appropriately.