There may be several reasons why a parent will move after a divorce. But if you have an existing custody arrangement, you must go through the courts to approve this move–especially if you want your child to move with you. Don’t handle this without a New Jersey child relocation lawyer.
Why a Parent May Want to Move After a Divorce
The courts understand that a parent may want to move for the following reasons:
- Be closer to the immediate family
- Job promotion/new job
- More opportunities for the child (such as better education)
To approve a custodial parent move, the court will determine if the parent is making the move in good faith or if this move will harm the child.
But what if you want to take your child with you if the other custodial parent doesn’t move with you?
How Far Can a Parent Move With Joint Custody?
A custodial parent can technically move anywhere in the state of New Jersey and will be able to keep a joint custody schedule. However, this also depends on your custody plan.
For example, if you follow a 225 custody schedule, moving from Neptune City to the other side of the state may interfere with this custody arrangement. In this instance, it’s best to consult with an experienced joint custody relocation lawyer.
Can You Move Out of New Jersey With a Child?
Before moving out of state with your child, you’ll have to get permission from the courts and prove that both parents agree to this move. The court will use the good faith standard to ensure this move will be in the child’s best interests. They will also consider these standards:
- Willingness or unwillingness to accept custody changes
- Parents’ ability to communicate, agree, and cooperate
- History of domestic violence
- Relationship and interaction with the child
- Child’s preference (if they can make the decision)
- Safety of the child
- Stability of the home environment
- Child’s needs
- Quality or continuity of the child’s education
- Time spent with the child before and after separation
- Age and number of children
- Parent’s employment
If you want to move out of state with your child, you’ll need a parental relocation lawyer to properly prepare your case. You can contact us for a free consultation.
Handling Relocation After Divorce
The courts will not only identify the best interests of the child but whether or not both parents agree to the move. This parental agreement will impact whether or not the child can move out of state.
If Both Parents Agree to Relocation
Children may not be moved out of New Jersey without the agreement from both parents. If you want to relocate out of the state with your child, you must prove you have permission from the other parent. The relocating parent must also obtain a court order before they move, and they must also submit a revised parenting plan.
If One Parent Doesn’t Agree
The relocating parent can’t move without the permission of the non-relocating parent, and the courts likely won’t grant their move without this permission. This rule applies to natives of New Jersey and any children who have resided in the state for at least five years.
The relocating parent can still move out of state–they just can’t take the child with them. In that case, the parent staying in New Jersey will take full custody.
Creating a Parenting Plan After a Move
If the courts grant a child relocation to another state, the next step is for the courts to approve the revised parenting plan. In the parenting plan, the relocating parent must prove the non-custodial parent will be able to still have a relationship with their child. This can include how they will communicate and how often they will visit.
Contact a Neptune, New Jersey Child Relocation Lawyer
Do you want to move out of state with your child? Are you unsure if the court will approve your move? Maybe the other parent wants to move with your child, and you want to know your rights.
These are all reasons why you’ll need to consult with a child relocation lawyer. Our lawyers have over 30 years of experience handling relocation after divorce. We can represent parents who want to move and parents who don’t agree to a move. We are aggressive attorneys who will always work in your favor.
If you need legal help, we always offer a free consultation. Give us a call today or fill out the contact form below.
