Life changes, and sometimes those changes may mean altering agreements that were previously in place. When those changes require you to move away from your child’s other parent and there is a custody agreement in place, do not make any decisions before you discuss your case. Child relocation laws in New Jersey favor just one party: the child.
With the guidance of a family law attorney in New Jersey, you will learn more about your rights to relocate as well as the steps to take to ensure you can take those necessary steps. Zeigler Law Group, LLC helps provide clarity for you, including matters related to high-income parents and child custody.
What Happens When One Parent Wants to Move Out of State?
Parents can relocate, but the court requires numerous steps to be taken if you are moving a child away from their other parent, especially if that parent has partial custody. Ultimately, New Jersey courts want children to have fair access to both parents, as long as that is in the best interests of the child.
When one parent wants to move away with the child, the court considers whether that will negatively impact the child’s well-being. To move, parents need proper authorization, which often means starting with the other parent’s consent to do so. If the other parent does not give consent, then the court must approve the decision. Any time there are disputes between established court-ordered custody matters, the court must get involved.
There are various ways in which the court will make the decision to allow the child to move with the parent away from the other. Considering parental relocation after divorce, the court may consider factors such as the following to determine what is in the best interests of the child:
- The reason for the move. Is it a reason that benefits or hurts the child in some way?
- The impact the move will have on the child’s relationship with the other parent.
- The educational opportunities the child will have in the new location.
- Any negative effects that could occur to the child’s well-being and social life.
- Impact on the relationships the child has now with other relatives that could change.
- The feasibility of maintaining contact with the non-relocating parent.
When the court considers an NJ custody relocation case, it will make decisions based on the child’s best interest, but it will also consider the parent’s reasons and ability to meet the new rules. For example, in a high-net-worth custody dispute, when one parent wants to move out of state for a job opportunity, the court wants to ensure the relationship with the other parent remains intact. If there is sufficient income to ensure that the child can travel back to the other parent frequently, for example, that minimizes the risk of a negative outcome.
Moving out of state with a child in NJ is possible. However, ensure the court sees that it is feasible to maintain the relationship with the child’s other parent. Demonstrating the financial ability to meet these needs or providing insight into how an agreement could be structured to make it fair could help encourage the court to approve such decisions.
How to Seek a Relocation Request?
Once you learn how to modify custody for relocation in the following steps, take action sooner rather than later. We strongly encourage you to discuss your NJ custody relocation case with your family lawyer before you make any formal appeal. Doing so helps to ensure you do not miss any critical factors that could impact your ability to protect your future.
Before moving out of state with a child in NJ, consider these factors:
- Provide clear evidence of the advantages of the move to the child.
- Demonstrate employment offers and the quality of education in the new location.
- Provide letters from teachers, community members, and family to attest to the benefit of this move to the children.
- Create a parenting plan with the other parent when possible.
- Ensure that the parenting plan details on the non-relocating parent will remain connected to their child.
Outline expectations, including how regular visits will happen, communication, holiday times, and even vacations
When possible, work with the other parent to create a plan that works for all parties. If that is not the case, our family law attorneys will work with you to pursue the entire process so that the court can handle the dispute.
The Legal Standard for Approving Relocation
Under New Jersey law, a custodial parent cannot relocate with a child outside of the state without either the consent of the non-custodial parent or a court order approving the move. The ultimate deciding factor in this decision is what is in the best interests of the child:
- Allow the move with a new parenting plan.
- Deny the move.
- Alter custody to the other parent.
- Create a combination of the above to achieve the goal.
Protecting Your Parental Rights if Your Ex Wants to Move with the Children
If you are the parent who may be left behind, know that you have rights in any NJ custody relocation case. Those rights include demonstrating to the court why this move would be detrimental to the child and the parent. You will also benefit from showing the court an alternative plan, such as how the child could live with you instead.
Why Working with a Skilled Toms River Child Custody Lawyer at Zeigler Law Group, LLC Is Essential If You or Your Spouse Want to Relocate
New Jersey family court relocation rules are certainly confusing and hard to navigate on your own. They are meant to protect the child from one parent simply leaving the other parent behind. Yet, there is no NJ custody relocation case that is fast or simple. For that reason, seek a consultation with our legal team to begin uncovering your rights. Sonya K. Zeigler, Esq. and her team have a well-earned reputation for committed and fierce legal representation. Our firm is here to provide you with the best possible guidance. Call a Toms River child custody lawyer at Zeigler Law Group, LLC at 732-361-4827 or contact us online to schedule a free consultation. Located in Toms River, Red Bank, Princeton, and Mount Laurel, New Jersey, we serve clients throughout Ocean County, Monmouth County, Mercer County, and Burlington County.