Delray Beach, FL asked in Family Law and Child Custody for New Jersey

Q: My ex lives in NJ, I live on the New York side NY/NJ border. Can my ex stop me from marrying & moving about an hour away

I am the custodial parent. The Judge rule the baby was too young

and basically said not until after 3. But didn't rule against a later move.

I have always been quite liberal with visitation and more than court ordered. Plus makeups when my ex travelled.

My question is now I live on the NY side of the NY/NJ border for the last 11/2 years.

My question is if I marry and must move to Long Island NY . Can the court deny my move basically holding me hostage. (the distance between homes could be 11/2 hours) My ex has never made it easy for me. always met my ex 1/2 way so my son could go to Montessori in NJ nearer to my ex so he would not drive further.

What are my rights for my "pursuit of happiness"

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1 Lawyer Answer
Elena K. Weitz
Elena K. Weitz
  • Divorce Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: The standard in New Jersey for relocation is a detrmination of what is in the child’s best interest. The happiness of the custodial parent is not the primary consideration. The child’s best interest involves consideration of multiple factors related to child’s quality of life and contact with both parents and extended family. Relocation cases typically involve a plenary hearing which is proceeding similar a trial. You do bring up other issues such as the fact that you (and presumably the child) have been residing in NY for the past year, which may bring up juridsictional issues, but more details would be needed to see if that would be of any benefit to your case. Relocation matters are complicated and I suggest retaining an experienced family law attorney to discuss this matter and determine the right course of action for you.

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