What’s the New Jersey law on parents moving their children?

By Bari Zell Weinberger
August 21, 2017
What’s the New Jersey law on parents moving their children?

One destructive strategy a resentful parent may resort to is moving out of state with the child without notice or leaving a forwarding address. This parent often thinks, mistakenly, that by leaving the state with the child, child custody motions filed in New Jersey or scheduled court hearings in the custody matter are no longer valid.

New Jersey law is clear on the issue of leaving the state with a child. You, as the parent, are not permitted to move out of the state of New Jersey with your child without first obtaining the other biological parent’s consent, even if you have a job lined up in the other state or most of your family lives there.

If consent is refused, then you must obtain a court order before leaving. If you leave the state with your child prior to receiving consent or a court order, a judge can require that you return with the child and the judge can impose sanctions against you, including changes of child custody or supervised parenting time.

In extreme cases you may be accused of kidnapping. Your attorney can help you understand all of the elements that the court considers when deciding whether or not it will permit a move with your child.

Bari Zell Weinberger is the owner and managing partner of Weinberger Law Group in New Jersey. She is Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney.

Back To Top

August 21, 2017
Categories:  FAQs

Add A Comment


Allowed HTML: <b>, <i>, <u>, <a>



Divorce Lawyers

Certified Divorce Financial Analyst

Find all CDFAs

Divorce Mediators

Find Divorce Mediators

Business Valuators / CPAs

Find Business Valuators / CPAs

Collaborative Practice

Find Collaborative Practitioners

Reason for your Divorce

Why did your relationship end? If there's more than one reason, choose the strongest factor.

Money Problems/Arguments
Physical/Emotional Infidelity
Physical/Mental Illness
Physical/Emotional Abuse
Alcoholism/Addiction Issues
Basic Incompatibility

Copyright © 2017 Divorce Magazine, Divorce Marketing Group & Segue Esprit Inc. All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.