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South Jersey & Philadelphia

Can you leave New Jersey with the kids after your divorce?

On Behalf of | Mar 27, 2022 | Child Custody

Perhaps all of your favorite restaurants and all the streets in your neighborhood remind you of your ex. Maybe you aren’t originally from New Jersey and would like to move back to where you have family support.

After a divorce or a breakup that results in shared custody, you and your ex will have a parenting plan or New Jersey custody order. That order determines what you can and cannot do concerning your minor children. 

If you want to move out of New Jersey or across the state, you need the permission of either your ex or the courts or both.

New Jersey does limit relocations

Your parenting plan likely has specific geographic limitations about moving house while you share custody. If one parent moves far away from the other and takes the children with them, that decision could impact the children’s mental health. Often, you can’t leave the state with the children for relocation purposes without making prior arrangements. 

If your plans would take you out of the state, you must give both the court and your ex advance notice. If your ex doesn’t want you to move, they could try to fight your request. At that point, you will need to prove that the move would be in the children’s best interests. 

Gathering evidence about the local school district or other opportunities for your kids will make a more compelling case than talking about your needs and hopes. A New Jersey judge will have to consider both sides of the situation and rule based on what they believe would be best for your children. 

Understanding the rules that govern relocation and building an appropriate case will increase your chances of success when requesting a relocation when you share custody.