Parenting plans and child custody agreements should be arranged with the best interests of the child in mind. Having contact with both parents, whenever possible, is usually best for children. That’s why in most child custody cases, one parent is granted full-time custody (the custodial parent) and another parent granted part-time custody (non-custodial parent), and the opportunity to see the child on a regular but part-time basis. However, when one parent decides to move to another state, it can seriously disrupt the harmony of child custody agreements.
For this reason, New Jersey law requires that anytime a custodial parent decides to relocate out-of-state, the parent must first seek permission from the court. If the parent decides to move away with their children without permission from the court, they will break the child custody agreement and could face repercussions.
How Do Courts Determine if A Parent can Relocate?
People relocate for a variety of reasons, such as a new job, relationship, educational opportunity, or to be closer to family and friends. When one parent decides they wish to relocate, the court uses the “best interests standard” to decide if the move is in the best interests of the child.
Some factors of the “best interest standard” considers include:
- The parents’ ability to communicate and cooperate
- The relationship between the child, parents, and siblings
- History of violence or abuse
- The opinion of the child (if the child is of age)
- Special needs of the child
- The child’s education
- The parents’ employment situation
Even if your divorce ended amicably and your spouse supports the move, relocating will have a big impact on your family’s future and should be taken seriously. Since navigating the court system can be a tricky process, it’s wise to consult with an experienced child custody attorney in New Jersey to discuss relocation and your legal options.
Reach Out to a Seasoned New Brunswick Divorce Attorney
If you have questions about child custody and relocating out of the state of New Jersey, don’t hesitate to contact the Law Offices of Steven M. Cytryn today at (732) 214-1103. We understand how difficult child custody cases can be and will be compassionate while aggressively advocating for your rights and interests.
