What are my chances of getting permission from the courts to relocate out of state with my son for a better affordable life?

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What are my chances of getting permission from the courts to relocate out of state with my son for a better affordable life?

I want to move out of state with my son who’s a young teen. I’ve had a restraining order on my son’s dad for over a year although he avoided it and never got served with it. He made no contact with us for over a year as well. Living here is very expensive and moving out of state would allow us to have a more affordable better life. The schools in the new state are excellent and much better than here as well. Lawyers here are extremely expensive so I’d be going to court alone. What are the chances the courts would give me permission to relocate with my son for a better life?

Asked on August 28, 2012 under Family Law, New Jersey


Brad Micklin / The Micklin Law Group

Answered 11 years ago | Contributor

It should not be difficult if you have the proper information prepared. The law has softened the requirement you need to prove in order to relocate out of the state with your child. Essentially, you need to show there is a good-faith reason for your move, it will not be harmful to your child and it is in your child's best interest. Part of this will require that you show it will not, greatly, interfere with the noncustodial parent's relationship also.

Additionally, you may not even need to prove all this depending on the terms of your restraining order. A restraining order carries a presumption of sole custody. In the event that your restraining order provides sole custody or it is found that you have sole custody, you may not even need to establish the above in order to relocate.


If you want to speak with an experienced attorney who is familiar with these areas of law, call us at 973-562-0100.  Our firm is concentrated in family law and estate planning case.

Brad M. Micklin, Esq.

187 Washington Ave., Suite 2F

Nutley, NJ 07110


[email protected] 

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