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How does New Jersey address parental relocation and custody?

Each family is different, and the ways that a divorce will impact your unique situation depends on factors that could include the health and ages of your children, your work schedule, and more. There is no way to accurately predict all the ways that your life will change, continue to change after the legal process is final, and you may find that you need to adjust certain things in your life. If you need to move at any point after your divorce, you will need to consider how that could impact your kids, and your current custody order.  

You have the right to move, but you may not necessarily have the right to move with your kids. As a loving and involved New Jersey parent, you understand the importance of ensuring that you understand how child relocation works, and what that means for your family. Before you make any important decisions, you will benefit from knowing the legal options available to you. 

Moving with your child 

If you relocate more than a short distance away from where you currently live, it will likely affect your child custody order. This means that you will need to seek a modification of your current order, particularly if your move will impact where a child will go to school, and how often he or she will see the other parent. Consider the following about relocation after a divorce: 

  • If you will move your child out of state, you must petition the court for permission to do so. The judge will consider all factors before making a decision.  
  • The other parent has the right to oppose your request if he or she does not think it will serve your child well. 
  • The most important factor when deciding whether to grant permission to relocate with your child is whether that would be in his or her best interests. 

It is critical that you seek the appropriate permissions before you move with your child. If you do not have the court’s permission to relocate and do so anyway, you could face serious repercussions. An assessment of your case by a professional could help you understand the legal options available to you. The ultimate goal is to protect your child and provide him and her with as much stability and security as possible.