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South Jersey & Philadelphia

Can your ex prevent you from moving with the kids after divorce?

On Behalf of | Aug 17, 2022 | Divorce

When you have a spouse, their opinions, family relationships and career can all limit your personal opportunities. They may have sat down very firm roots in the area and have no intention of going elsewhere. You, on the other hand, need geographic flexibility if you are to pursue an advanced degree in your field or move up to the next stage of your career.

If you share children with your ex, you may feel like you are still tethered to the same location indefinitely. However, the truth is that New Jersey law allows you to relocate out of the state in one of two scenarios.

Your ex understands the reason for the move

Even if the two of you couldn’t make your marriage work or perhaps because of that fact, your ex may understand how important moving forward with your career could be for you. They may also recognize that they aren’t in a position to take over full-time responsibility for the children while you pursue your academic or professional future.

If your ex is in agreement with you that your move out of the state would be best for the entire family, they can cooperate with you as you request an uncontested modification of your parenting plan.

The courts can rule in your favor if your ex won’t cooperate

Unfortunately, it is quite common for a parent learning of their ex’s new opportunities to become rigid and inflexible, refusing to see how this move might benefit the entire family in the grand scheme of things.

Provided that you have compelling evidence that the relocation would benefit the children rather than merely severing them from their other parental relationship, you may be able to convince the New Jersey family courts to approve your relocation request even when your ex opposes it.

If the courts grant you permission, you can move with the children, possibly sending them back to spend several weeks or even most of the summer with your ex. The more you center your children in your argument about the relocation, the better your chances of getting the courts on your side. School districts, old friends and extended family relationships are all among the benefits your children may derive from the relocation.

Understanding the steps you need to take to relocate with your children after a divorce can help you move on to a healthier and happier future.