How Moving Out-of-State Affects Child Custody

Thinking about moving out of state with your child? A big move, whether it is for a new job, to be closer to family, or just a fresh start, could significantly impact your custody arrangement. Before making any decisions, it is important to understand the legal steps involved and how the move could impact your custody rights.

Moving Out of New Jersey

New Jersey law states that a parent cannot move out-of-state with their child without the consent of the other parent or a court order. This law applies even if the parent has sole or primary physical custody. The purpose of this law is to protect the child’s relationship with both parents and maintain stability in their life. Court proceedings regarding moving out-of-state with a child are called “removal proceedings” or “relocation proceedings.”

What the Court Considers

If the other parent does not agree to the move with your client, you need to file a motion with the Court and request permission to move. The Court will only grant the motion if the Court determines that the parent who wants to move has good cause for moving and that the move is in the best interests of the child. Some of the factors the judge will consider include:

• The parents’ ability to coparent the child
• The home environment that each parent provides for the child and what the new home environment in the new location would look like
• The child’s relationship with each parent
• The quality and continuity of the child’s education
• How far away the parent intends to move with the child
• Any other factor that the Court deems relevant

After reviewing all these considerations, the court will make a decision as to whether the move is in the best interests of the child. It is important to retain an attorney to assist with relocation proceedings because the Supreme Court of New Jersey changed the law in 2017 and made it much more difficult to obtain a court order permitting the relocation of a child.

Shared Custody and Relocation

If you share physical custody, moving with a child becomes even more complicated because the move would naturally deprive the child of substantial time with their other parent.

Temporary Moves and Emergency Relocation

In some cases, a parent may need to move on short notice due to an emergency. Even then, the court requires a formal process. Moving without consent or a court order can lead to legal consequences, including a modification of custody, being forced to return the child to New Jersey, and court sanctions.

Step You Should Take Before Moving

If you are considering relocating with your child, here is what you should do:

1. Discuss the move with the other parent and try to reach a signed written agreement, preferably one that gets filed with the Court as a consent order.
2. Consult with a family law attorney to understand your rights and legal options.
3. File a formal motion with the court if needed.
4. Be prepared to present evidence showing how you have good cause for moving and that the move would be in the best interests of your child.

Taking these steps can help you avoid serious legal consequences and show the court that your move is thoughtful, well-planned, and truly in your child’s best interest.

Before You Move: Protect Your Custody and Legal Rights

Relocating out of New Jersey with your child after divorce or separation is not a simple decision. Even if you already have custody, the law requires you to follow the proper legal steps before moving. If you are thinking about a move, consulting with an experienced child custody attorney is crucial.

At Moskowitz Group, we can help you navigate the relocation process and advocate for the outcome that’s best for your child. Contact us today for a consultation.