What You Need to Know About the Impact of Relocation on Child Custody Agreement

Thinking about relocating with your child? Before you move, check out this guide to New Jersey’s relocation and custody rules to avoid legal pitfalls and prioritize your child’s needs.

If you’re considering a move and have a custody agreement in New Jersey, it’s important to know the rules around relocating with your child. Whether it’s for a new job or a fresh start, understanding how relocation might affect your custody agreement can help you make the best choice for your family.

What Are the Laws in New Jersey for Child Custody Relocation?

In New Jersey, any parent who wishes to relocate with their child outside the state—or even to a different area within the state that would disrupt an existing custody agreement—must obtain permission. This can be secured either from the other parent or through court approval. This law applies to children born in New Jersey or who have resided there for at least five years.

The landmark 2017 case, Bisbing v. Bisbing, clarified how such relocation cases are determined. The New Jersey Supreme Court emphasized that any relocation decision must prioritize the “best interests of the child,” a standard applicable to all custody matters.

Your Custody Arrangement and Moving with Your Child

One parent’s ease with moving depends significantly on the existing custody arrangement. In New Jersey, custody results in either joint or sole custody. 

Joint custody involves shared physical or legal responsibilities, requiring both parents to make significant decisions regarding the child’s welfare collaboratively. Based on mutual agreement and the child’s needs, the child may live exclusively with one parent or alternate between both. Both parents must consult each other on issues affecting the child’s health, education, and general well-being.

When a parent with sole custody wants to move, they’ll need to get approval from the court first.

New Jersey Courts Determine Your Child’s Best Interest Using Specific Criteria

A judge considers various factors to assess the child’s best interests in custody cases. These include:

• The ability of parents to communicate and cooperate regarding the child.
• Each parent’s willingness to accept custody and allow parenting time.
• The relationship between the child and both parents, as well as siblings.
• Any history of domestic violence.
• The child’s preference, provided they’re mature enough to make an informed decision.
• The stability of the home environment and the child’s specific needs.

What Should I Do If I Want to Move Out-of-Town with My Child?

Regarding relocation, the court’s primary concern is the child’s well-being. The same standard used in custody decisions—what arrangement best serves the child’s interests—is applied. This reassures parents that the legal process is designed to protect their child’s welfare, whether they have joint or sole custody.

Reach an Agreement 

When it comes to reaching an agreement on child relocation, divorced parents can choose between mutual agreement and court approval. Each method has its procedures and requirements, and understanding these can significantly influence the outcome.

The process can be significantly more straightforward if both parents agree on the relocation. This involves both parties reaching a consensus about the move and signing a consent order. A consent order is a legal document that outlines any changes to the existing custody schedule and agreement necessitated by the relocation. 

Creating a consent order together can save time, reduce costs, and help maintain a cooperative co-parenting relationship—something essential for your child’s emotional stability and well-being.

Seek the Court’s Approval

In cases where the parties can’t reach a consensus, the parent wishing to relocate must seek court approval. This begins with filing a formal request with the local superior court. It is important to present a well-prepared case highlighting the reasons for the move and how they align with the child’s best interests. 

Once the paperwork is filed, the non-moving parent is given a specific, often limited, time frame to respond to the request. If the non-moving parent responds within this timeframe, they may retain their opportunity to oppose the relocation. 

This underscores the importance of staying informed and proactive during this period. Then, the court will evaluate the situation based on the child’s welfare before deciding.

Requirements for Relocation

Parents seeking to relocate must present a compelling rationale for their decision. This reason can encompass diverse factors, including better employment opportunities, proximity to family, or other personal considerations that would contribute positively to the child’s life. The motivation for moving should be clear, and a justified case should be presented to relocate in a manner that aims to enhance the child’s overall well-being.

In addition to providing a reason for the move, a detailed parenting plan proposal is a requirement. This document should be realistic and fair, outlining how the relocating parent intends to maintain the child’s relationship with the non-relocating parent. The plan must address how shared responsibilities will be managed, establishing that the child’s emotional and developmental needs will continue to be met despite geographic changes.

Furthermore, the relocating parent must demonstrate that the prospective location offers equivalent or improved opportunities for the child. This includes showcasing comparable or superior access to needed services and facilities, such as quality medical care, education through reputable school districts, and diverse recreational activities. More specifically, the availability of extracurricular programs such as Boy/Girl Scouts or youth groups within religious organizations should also be highlighted, underscoring the enhanced quality of life that the move could provide for the child.

The Challenges You Must Consider in a Child Custody Relocation Case

Relocation cases often present several challenges, including:

• Emotional Impact on the Child: Moving can disrupt a child’s emotional and social life, requiring careful consideration of their adaptability and well-being.
• Logistical Hurdles: Consistent contact with the non-relocating parent may involve substantial travel and financial implications.
• Legal Representation: Given the stakes, engaging an experienced lawyer is crucial to effectively advocating for your child’s best interests.

Can I Move My Child if I Don’t Have a Custody Agreement?

Without a formal custody agreement, the “best interests” standard applies. Parents must prioritize their child’s overall well-being, regardless of whether they share joint legal or physical custody. Unauthorized relocation can lead to severe legal repercussions, including fines, contempt of court, and potential loss of custody.

The Consequences of Moving Your Child Without Permission

Deciding to move your child without obtaining the necessary permissions can legally set you back from your relocation plans. In New Jersey, relocating without the non-custodial parent’s consent or court approval can lead to being found in contempt of court. This could result in fines, possible jail time, and, most importantly, a modification or loss of your custody rights. 

Additionally, such actions could lead to criminal charges (NJ Rev Stat § 2C:13-4) for interference with custody. These legal consequences affect your custody standing and your child’s well-being and stability. Following the legal procedures and obtaining the necessary permissions is critical to confirming that you’re acting in your child’s best interests.

Contact the Compassionate Family Law Attorneys at Smedley Law Group, P.C. in Woodbury, NJ, Today

If you’re facing a divorce, you’ll also most likely be dealing with another matter like child custody, child support, or division of assets, so you’ll need to speak with a qualified attorney. The New Jersey family law attorneys at Smedley Law Group, P.C. represent clients throughout the state, including West Deptford, Woodbury Heights, Runnemede, and Westville. 

We understand how challenging this time can be for you, which is why we will fight hard to protect your interests and those of your loved ones throughout the legal process. Call us at (856) 251-0800 or fill out our confidential contact form to schedule a consultation. Our office is conveniently located at 750 Cooper Street, Woodbury, NJ 08096.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.