How Can I Prevent My Spouse from Moving Out of State with My Child?

Relocation is a very difficult issue. It’s difficult because of the impact that it has on the parent that is left behind. Really, there’s no other way to describe it. Our law right now, in some respects, liberally allows the relocation if it’s made in good faith. This means that a person isn’t trying to move because they want to limit your time with your child; they are moving for good reasons. They may have a job opportunity in another state, and this is an opportunity that they would have to pursue economically or the company would fire them. The cases talk about those two prongs. There’s good faith basis for and there’s some reason for the move. All NJ courts will address if the move in the child’s best interests. Now, if you’re watching this, you’re saying, “Wouldn’t the move away from one parent be contrary to that child’s best interests?” That has not been found to be the case in our case law. These are really difficult issues. I know there are some legislation being considered to change that, but right now that is something that’s fairly liberally granted. Now, there are ways to prevent relocation. We think about that when we litigate your case or settle the dispute because there are methods to try to prevent that or to diminish the likelihood of that occurring. It’s something that everyone should be mindful of when there are facts suggesting it’s a possibility into the future.