Why is any of that relevant to family law? Well, in many businesses, there is a risk that your job will be transferred to another state or even another country. In professional sports leagues, the possibility of a transfer, or trade, is a way of life for most players. Consider this: since the start of 2023, the Devils have traded or acquired 17 players. Many of those 17 players have families who must uproot their lives to move to or from New Jersey, or maybe they don’t move, depending on what the parents agree will happen. The key here is that the parents usually agree. But what happens if a player has children, is divorced, and lives in New Jersey when they get traded?

Under New Jersey law, children may not be “removed” from the State of New Jersey unless there is either a court order or written consent from both parents. “Removal” in this context means moving out of the state permanently—not that you can’t bring your kid to Disney World on vacation and come back. This law can present a real problem for professionals who risk trades every day and have primary custody of their children (go ahead and Google Jesse Chavez, an MLB player traded 10 times over 15 seasons). If they don’t have primary physical custody, there is still the issue of the parenting schedule they currently enjoy. Can they convince the other parent to move with them to a new location? Should they seek permission to relocate the children through the court system? Or must they simply go on to the new location without their kids, hoping to spend more time with them during the offseason?

Relocation cases are always complex, and ultimately, a court determines whether relocation is in the “best interests of the child,” just as they do in any case involving custody and parenting time issues. Although professional athletes usually have the finances to take on a relocation case, they might not have the time for such a court battle if no agreement can be reached. There are many issues a court will have to consider to determine whether the relocation is in the children’s best interests — the children’s attachments to school and friends and their connection with the other parent, the risk of the parents getting traded again (resulting in constant shuffling for the child), and more. These factors are nuanced and difficult to weigh, but the solution is usually fact-specific and will require a trial if there is no agreement. What’s more, New Jersey courts are experiencing significant delays, making this an even more challenging issue.

Of course, not all of us are professional athletes, but we can face these same issues. Any divorced parent seeking to relocate their children out of state requires either consent of the other parent or a court order. Again, if there is no agreement, getting a court order can be incredibly costly and take a lot of time. If you get an “incredible” out-of-state job offer, you may be forced into an impossible decision—take the job and risk not bringing your kids with you, or lose the job because the process will take too long and the job can’t wait.

There are ways to address these issues and reach an agreement or other ways to resolve this issue out of court if there is no agreement. Given the complexity of relocation cases, it is important that you have an attorney on your side to help you through the process and reach the best result for you and your children. Our attorneys have successfully resolved and tried cases where relocation was an issue and can offer various solutions to make the situation work for you and your children. If you require assistance with a relocation-related issue, do not hesitate to contact our Family Law team at 973.474.5003.