The end of a marriage often brings the desire for a fresh start, and for many, this includes moving to a new location. However, when children are involved, relocating can become a complex legal issue. The decision to move to a different city, state, or even country can have significant implications for custody arrangements and visitation rights, and whether or not the request is granted depends on several factors. If you want to relocate with your child post-divorce, seeking guidance from our experienced Edison Child Custody Lawyers is crucial to understand your legal options and ensure the best possible outcome for your family. Please continue reading as we explore how this process works and how our legal team can help you navigate the court’s considerations in such matters.
Does It Matter if the Move Is In-State or Out-of-State?
If you are planning a short move within the same state, the court’s role in this process is mostly administrative, as they must review the plan before issuing it as a new part of your divorce agreement. However, if one parent objects, the court must analyze the details of the case before issuing a decision.
In-State Relocation Within New Jersey
- Short-distance moves generally do not require court approval
- Relocation may be restricted if it substantially affects parenting time
- Existing custody orders may need to be reviewed first
Out-of-State or Long-Distance Moves
- You must obtain consent from the other parent OR
- A court order must be obtained
It’s important to understand that interstate relocation is generally treated as a custody modification matter by the New Jersey courts.
What Legal Standard Do New Jersey Courts Use to Decide Relocation Requests?
Because the courts treat a relocation as a modification of a custody plan, it’s important to understand that the same legal standards will be applied in this matter. Generally, in order for a post-judgement custody modification to be granted, the petitioner must show that a substantial change in circumstances has occurred, and that the change does not harm the child’s best interest.
The Child’s Best Interest Standard
In any custody matter, the court must consider the best interests of the child. This means they will base their decision on:
- The child’s health, well-being, and safety
- The relocating parent must show that the move is affirmatively beneficial
- Parental preference alone is not enough for the court to make a decision
What Factors Will a New Jersey Court Consider in a Relocation Request?
In addition to the child’s well-being, the court will consider a number of important factors when deciding whether or not to grant a relocation request. It’s important to understand that no single outcome decides the request, as the court must consider a multitude of factors.
Core Factors the Courts Evaluate
The courts will take the following factors into account when one parent wishes to move a considerable distance away from the other parent:
- The reason for the relocation
- The impact on the child’s well-being
- The child’s relationship with both parents
- The employment responsibilities of each parent
- The feasibility of preserving the child’s relationship with the non-relocating parent
- The child’s parental preference (depending on age and maturity)
- Any other factors deemed relevant by the court
Although this list is not exhaustive, these are some of the most pressing issues the court will consider when deciding whether to grant a relocation request.
How Does Relocation Impact the Non-Moving Parent?
Unfortunately, one parent’s move will impact the non-moving parent as well, as this can impact their ability to maintain a relationship and spend time with their child. As such, if one parent wishes to relocate, they’ll need to explain how they intend to continue fostering a relationship between the child and their other parent despite the distance.
Impact on Parenting Time and Visitation
- Courts typically do not approve changes that harm current, meaningful relationships between a parent and child
- It may be possible with realistic, modified visitation schedules
- Virtual communication is not a substitute for in-person parenting time
Preservation of the Parent-Child Relationship
The court may also consider the other aspects of the parent-child relationship, such as
- The logistics of transportation to and from each parent’s home
- Allocation of travel costs
- How holidays and extended vacations are handled
What Are Valid Reasons for a Relocation Request?
It’s important to understand that the courts must carefully consider each relocation request due to the significant impact the outcome can have on the parents and child involved. As such, the court typically only approves valid requests.
Commonly Accepted Reasons
- New employment opportunities that improve finances
- Close to family for support
- Increased educational opportunities for the child
- Safer living environment
Reasons the Court May Be Skeptical
- Desire to move away from the other parent
- Relocation solely to disrupt custody
- Moves based solely on personal preference
What Happens if a Parent Relocates Without Permission?
Relocating with a child without permission from the New Jersey court or the other parent can have serious legal and domestic outcomes.
Legal Consequences of Unauthorized Relocation
- Modification of the custody order in favor of the non-moving parent
- Damage to credibility in future custody matters
- Potential contempt of court charges
Contact Our Edison Child Custody Lawyers Today
As you can see, the laws surrounding relocation with a child after divorce are complex. Consulting with a qualified Edison child custody lawyer from Arndt & Sutak, LLC, is essential to safeguard your rights and ensure your child’s well-being is protected throughout the process. Connect with our firm for guidance and skilled representation.
