With technology, the Internet, mobility and information overflow, post divorce individuals often wonder if they can relocate to another state for personal or business related reasons. The easy answer is sure, so long as there are no children or if your divorce judgment or agreement addresses this issue.
What happens when children are involved and the agreement or divorce judgment does not address the issue of relocation of a custodial parent. The custodial parent seeking to relocate can file an application with the Court for an Order granting them permission to relocate. The controlling statutory law is N.J.S.A. 9:2-2 and the precedential case in the state of NJ is Baures v. Lewis, 167 N.J. 91 (2001).
Recently, the Appellate Division revisited this issue in the unpublished matter of Cathrall n/k/a Greenberg v. Cathrall, IV, decided March 18, 2009, Docket Number A-4085-06T3. This appeal stemmed from a post judgment order denying relocation, which resulted from a post judgment motion requesting permission to relocate from New Jersey to Florida, filed by the mother/custodial parent.
The parties were divorced in 2003. Since their separation, plaintiff/mother had custody of the two minor children born of the marriage. Defendant/father had supervised parenting time due to admitted issues with alcoholism and had a strained relationship with the minor children. A year after the divorce was finalized plaintiff/mother remarried. She was also the owner and operator of a children’s clothing store in Stone Harbor, which was operated as a seasonal business during the summer months. Plaintiff/mother filed an application in early 2004 seeking permission to relocate to Marathon, Florida. Her desire was to open a similar store in Florida to operate during the winter months and return to NJ during the summer months to operate the store in Stone Harbor. Defendant/father opposed this application, however by way of an Order dated April 8, 2004, the trial court granted the request.Continue Reading Now That I’m Divorced, Can I Move?