Parents who have a custody agreement are generally bound by the provisions agreed upon in their custody agreement. As the years go on, circumstances may change for the custodial parent and they may find themselves thinking about moving out of the state of New Jersey. The only issue with that plan is that the custodial parent really can’t just move out of state with the child. When a court-ordered parenting plan is put in place, both parents must abide by what the court has ruled.
If a custodial parent wishes to move out of state with their child, they will have to request permission from the court to do so. If you move out of state without permission from the court and the child’s other parent files a complaint, you may be facing serious legal issues. New Jersey actually just changed their standard on parental relocation with a child. For the last 16 years, if a parent wanted to move with the child, all they had to do was prove that the move was being made in good faith. As of August 2017, that has changed. Now, parents will have to prove that the move will be in the best interest of the child.
Considering many of the family law decisions made by the court are usually based on the child’s best interest, this should not come as a surprise. It may be difficult to prove that the move is in the child’s best interest, especially if the child adamantly expresses a desire to stay where they live now. If you need assistance relocating with a child, contact our firm for experienced legal representation.
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 free consultation.