Tips for Relocating to Another State After a DivorceBy Moskowitz Law Group, LLC |
After a divorce is finalized, it is common for spouses to move. Sometimes this move may be to a new town or even to an entirely new state. When relocating after a divorce, there are a few key factors one should keep in mind.
Recognition in All States
Once a divorce is legally granted in one state, it will be recognized in every state across the country. Under the full faith and credit clause of the United States Constitution, states must respect “public acts, records, and judicial proceedings of every other state.” As divorce is a judicial proceeding, it is thus recognized nationwide. Yet if you have continuing obligations from your divorce such as providing or receiving alimony or child support, it is important to keep your ex-spouse aware and up-to-date on where they can locate you.
Moving with Children
In many divorces, there are children involved, complicating any move due to shared custody. If you or your ex-spouse are looking to move, especially to another state, it is important to keep in mind that the decision impacts everyone involved.
When parents need to share custody, there may be difficulties arranging reliable transportation between the two parents. Additionally, if the child is to spend a significant amount of time away from the home they are used to, there may be challenges in keeping them in extracurricular activities or allowing them to see friends.
Child Relocation Laws
Under New Jersey state law, a parent can relocate their children to another state only if he or she has consent from the other parent or a court order grants permission. If both parents consent to one of the parents moving out of state with the children, the custodial parent should request a written statement from the non-custodial parent stating that they have their consent to move with the child. The agreement of the parties should then be drafted into a Consent Order by a New Jersey Divorce Attorney, signed by the parties, and submitted to the Court.
If both parents do not consent to the move out of state, the custodial parent hoping to relocate to another state must ask the court for an order granting permission. In such cases, the courts work to make a decision that is in the children’s best interest. Some factors the court may consider are the children’s’ health, welfare, and education. Sometimes it is necessary to obtain custody evaluations by experts recognized by the Court. The Court may even appoint an attorney for the children or a Guardian Ad Litem, to represent the children.
Contacting an Experienced Attorney Today
If you have recently gone through a divorce and are looking to relocate to a new state, do not hesitate to reach out to Moskowitz Law Group for any questions you may have. Our experienced legal team is here to help.