Moving Out-of-State with Child

Our Custody Attorneys Help Families Relocating Into and Out of New Jersey

There’s no question about it; child custody issues complicate NJ divorce proceedings making this already emotional time even more difficult for all involved. Whether a judge grants shared custody between the parents or primary custody to one parent or the other, it’s not uncommon that one spouse may want to move out of state to be closer to family, to a new, more lucrative job opportunity, or other important reasons.

However, if you are in a situation where your ex-spouse is trying to take your children out of state, or you want to move out of state with your children, be aware that there are specific laws governing a parent’s ability to remove children from a locale where the other parent can conveniently see and spend time with them. Talk to South Jersey child custody lawyer Ron Graziano, managing partner of Graziano & Flynn, P.C. about your case. Mr. Graziano was a certified trial attorney for over 25 years, and he will work tirelessly to make sure your custody rights are protected.

Divorced and Want to Move Out-of-State with Your Children? Not so Fast

When two people divorce in New Jersey, the Property Settlement Agreement (PSA) (a.k.a. Marital Settlement Agreement MSA) – which distributes assets and debts – is negotiated and signed in to law. If the couple has children, custody issues are also decided at this time. There is nothing preventing one parent from moving out of state for any reason – family, education, job, etc. However, unless a judge decides otherwise, the children must continue to reside in the state where the divorce was filed.

If one parent does want to move out of state, he or she must petition the court for permission. If you are seeking to move out of state with your child(ren), or feel your ex-spouse is looking to take your children and move out of state, you need a knowledgeable NJ divorce and child custody lawyer like Ron Graziano who will fight for your rights and the rights of your minor children.

Since most New Jersey custody arrangements call for specific visiting times, the court recognizes that a decision to move a child out of state may prevent that visitation schedule from being met. This usually means the non-custodial parent will have little time with the child(ren) – a move that breaks the court’s custodial order. The Court has the power to deal with this issue by requiring contribution by the moving spouse to travel expenses, by increasing blocks of parenting time or by requiring the moving spouse to assist in transporting the children. Keep in mind there is a legally significant difference between moving the children during the divorce process and a move after the divorce.

New Jersey Child Custody Relocation Laws

Understanding New Jersey child custody relocation laws is essential when considering moving out-of-state with your child. Whether you have primary custody or share custody with another parent, it’s crucial to know the legal implications of such a move. The child custody lawyers at Graziano & Flynn, P.C. specializes in family law and can guide you through this complex process.

Moving Out-of-State with Your Children & Your Custody Arrangement

If you’re thinking about moving out-of-state with your children, it’s critical to comprehend how this decision will affect your existing child custody arrangement in New Jersey. Child custody laws in New Jersey are designed to protect the best interests of the child, which means you’ll need court approval to relocate with your child in most cases.

Below is more information on moving out-of-state with your child, depending on if you have primary custody or joint/shared custody with your former partner.

Primary Custody

If you have primary custody of your child in New Jersey, you might assume that moving out-of-state is a straightforward process. However, according to New Jersey law (NJ Rev Stat § 9:2-2), you’re required to seek the consent of the non-custodial parent or obtain court approval before relocating. Failure to do so could result in legal consequences, including the modification of the current custody arrangement. 

Courts in New Jersey will evaluate various factors such as the child’s educational opportunities, the reason for the move, and how the move will affect the relationship with the non-custodial parent.

Joint / Shared Custody

When parents have joint or shared custody, relocating becomes even more complicated. This is because both parents have equal decision making authority, including decisions regarding relocation. If one parent wants to move the child out of State, they must comply with the requirements of NJ Rev Stat § 9:2-2 and seek a modification of the current custody order.

Courts will scrutinize your case carefully, considering elements like the distance of the move, the child’s relationship with both parents, and the feasibility of maintaining a joint custody arrangement.

What to Do if You Want to Move Out-of-State With Your Child

The process of moving out-of-state with your child in New Jersey, where child custody laws require thoughtful consideration and court approval, varies significantly depending on whether the non-custodial parent agrees to the move or not. In either scenario, knowing the legal steps to take is crucial to ensure a smooth transition for you and your child. 

This section will provide valuable insights on what to do when the non-custodial parent either agrees or disagrees with the move. The child custody lawyers at Graziano & Flynn, P.C. specialize in these complex cases, offering expert advice and representation to help safeguard your child’s best interests.

When the Non-Custodial Parent Agrees to the Move

First things first: If you want to move with your children out of state, sometimes it is best to talk with your ex-spouse to attempt to obtain permission. If you are moving to a neighboring state for work, for example, the hardship of driving a short distance to allow ample visitation might not be an issue. If the non-custodial parent agrees to the move, get the approval in writing and have it notarized. You should still have an attorney review the agreement to ensure that it deals with all of the issues. Additionally, you should also file a consent motion to modify the custody order in order to place the court on notice and to ensure the custody order is properly modified.

When the Non-Custodial Parent Doesn’t Agree the Move

If the non-custodial parent refuses to agree to the move, the parent who wants to move must appear in court and present his or her reasons for the move to a New Jersey Family Court judge, who must subsequently issue a court order before the move takes place. In 2017, the New Jersey State Supreme Court changed the standard used to evaluate Motions to Relocate a child out of state. In short, the parent who is seeking to relocate the child out of state must prove the relocation is in the child’s best interest pursuant to New Jersey law (NJ Rev Stat § 9:2-4a)

Divorce and child custody issues in the State of New Jersey are difficult enough without the issue of trying to move out of state. If you are the custodial parent, you likely have a very good reason to move – namely a new, well paying job or family you would like to be closer to now that you are single. On the other hand, having your children taken away and moving to a state that makes contact extremely difficult is a hardship no parent should have to bear.

What Happens If You Move Out-of-State Without Permission

Moving out-of-state without permission can result in severe legal consequences under New Jersey child custody laws. You risk being found in contempt of court, which could lead to fines, jail time, and most importantly, a possible modification or loss of your current custody arrangement. Additionally, you could also be criminally charged with interference with custody (NJ Rev Stat § 2C:13-4), 

If you remove your child from New Jersey without the consent of the non-custodial parent or without court approval, you’re jeopardizing both your legal standing and your child’s well-being.

What If You Want to Move But There is No Custody Agreement?

Although you may think the absence of a custody order makes the process simpler, moving without legal counsel could expose you to future custody disputes which is why it’s still vital to consult with a New Jersey child custody lawyer before considering an out-of-state move. In the absence of a custody agreement, both parents are presumed to have equal child custody rights. However, if you move out of state, you face the risk of being charged with interference with custody (NJ Rev Stat § 2C:13-4). 

It’s recommended to establish a formal custody arrangement through the courts before relocating to protect your rights and your child’s best interests.

How the Court Decides to Grant You Permission to Relocate with Your Children

In New Jersey, the court evaluates multiple factors before granting permission for a parent to move out-of-state with a child. These can include the reason for the move, the impact on the child’s education and social life, and the potential disruption to the non-custodial parent’s visitation rights. The overarching principle is always the child’s best interests. 

Courts will often require detailed plans addressing how you intend to maintain the child’s relationship with the non-custodial parent after the move.

Non-Custodial Parent Moving Out-of-State

If you are the non-custodial parent planning to move out-of-state, you’ll still need to navigate New Jersey’s child custody laws carefully. Relocating could impact your visitation rights and require a modification of the current custody arrangement. It’s essential to consult with an experienced family law attorney, like those at Graziano & Flynn, P.C., to understand your responsibilities and rights under New Jersey law before making such a significant life change.

Talk with an Experienced Child Custody Attorney at Graziano & Flynn, P.C.

Navigating the complexities of New Jersey child custody laws can be daunting, especially when considering an out-of-state move. At Graziano & Flynn, P.C., our team of experienced child custody attorneys is here to guide you through every step of the process. 

We’re committed to protecting your child’s best interests and providing the expert legal counsel you need for a successful relocation. Your child’s well-being is our top priority, and we are here to provide you with the reliable legal support you require.

Contact us today at Graziano & Flynn, P.C. to schedule a consultation with our child custody lawyers in New Jersey.