When a custody agreement is made, the court may make it so one parent has more parenting time than the other. The parent who spends more time with the child is known as the custodial parent. The child’s other parent, the noncustodial parent, may still see the child a significant percentage of the time. However, in some cases, one parent may be deemed “unfit” to parent and may only be granted visitation rights. Regardless of the situation, if the custodial parent wants to move out of state with the child, the other parent may want to exercise their parental rights.
If a parent wants to move out of state with the child, they will need permission from the other parent because the custodial arrangement may change. For example, it may no longer be practical for the noncustodial parent to see the child every weekend if the child is moved out of state. New Jersey just recently changed its laws regarding the relocation of a child. Now, the custodial parent will have to come up with significant proof that the move is in the best interests of the child. This is not always easy to prove, especially if the noncustodial parent has a significant defense as to why the child should not be moved out of state. There are a number of factors that must be considered but the bottom line is that the court is always going to rule in the child’s best interests. The changes in legislation about relocation are encouraging the parents to also make decisions that are in the child’s best interests.
If you need assistance either requesting or contesting the relocation of a child, it is important to consult with an experienced attorney who can provide you with assistance.
Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm in Mountainside, New Jersey. For strong legal representation in all of your family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.