Barnegat, NJ asked in Child Custody for New Jersey

Q: Am I required to request permission from the court to relocate out of state if minor child was born/raised elsewhere?

Re: NJ Statute Title 9, Section 9:2-2 , which dictates "...have resided five years within its limits, they shall not be removed out of its jurisdiction against their own consent...". We've only lived here for 3+ years. She lived in NC for the first 6 years of her life, and I am now graduating from Nursing school and have a great job promised in NC. Further, I have NO support system here, our child desperately wants to move back home, and her father failed to even acknowledge her for the first six years of her life. My only reasoning for moving to NJ was to try to forge a relationship between the two of them, but after all this time they remain without any bond, although I currently continue to facilitate some sort of a relationship between them.

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2 Lawyer Answers
Paul J. Riviere
Paul J. Riviere
Answered
  • Jackson, NJ
  • Licensed in New Jersey

A: Either you need need to seek permission from the Court, unless you have written permission from the other parent in order to move out of State. Get a lawyer to secure the proper permission.

Bari Weinberger
Bari Weinberger
PREMIUM
Answered
  • Divorce Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question.

In NJ, both parents need to consent to the move of the child. If neither party can agree on the relocation then a formal request must be made to the Court. In order to be successful on a relocation request, you must demonstrate that it is in the best interest of the child to relocate to the new state. Based on your unique circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.

I hope this information was helpful to you.

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