When parents are not married or are legally separated, it is critical to know your right to relocation if you plan to move a significant distance from the other parent. There are many times when such a move is necessary, such as due to a job relocation, financial strains, lack of supportive care within the community for your child, or illness. No matter why you plan to do so before you make the decision to take your child out of the state or further from their other parent, the custody agreement allows you to know your rights.
Relocation in-state vs. out-of-state is very different (called interstate vs. intrastate relocation). If you are asking questions like, “Can I move without permission?” know the statutory factors that contribute to that decision.
At Jersey Coast Family Law, we can offer specific guidance on your case when you reach out to us. Allow a New Jersey family lawyer to guide you in this process so you do not make a mistake that costs you custody of your child.
Interstate vs. Intrastate Moves: Understanding the Differences
As a smaller state, moving across New Jersey with your child may not seem like a big deal. Yet, if that move – no matter the distance – interferes with your child’s other parent’s right to see and engage with their child or infringes on their visitation rights, you absolutely should not just do it.
If you plan to move out of state with a child, which is called interstate relocation, you will be required to obtain permission from the court or the other parent before you make this move.
Intrastate moves, which are in-state relocations, may not require formal permission in situations where the move does not disrupt the child’s life significantly. Any time in which the distance or other factors impact the custody agreement of the child may still need to be considered. The other parent or the court must approve the relocation in these situations.
Statutory Factors Considered by New Jersey Courts
The courts assess various statutory factors before they will approve a relocation. There is no specific rule that says you cannot move out of the state if the court can show that it is necessary or beneficial to the child. To do that, they look at the following details based on your specific situation:
- The best interests of the child: If the move puts the child at risk, perhaps of not seeing their other parent or close family, that may be a careful decision.
- Each parent’s relationship with the child: In situations where the other parent is not active in a person’s life, the court may not see the move as being negatively impactful to the child
- Educational needs of the child: Are the educational opportunities the same, or will there be a significant reduction in the child’s overall education quality or access to friends or key educational opportunities
- Reason for the move: if the move is made for authentic reasons, such as job relocation, that may be considered more valuable and necessary than a move to live with a friend in another state just because you wish to.
Ultimately, the court always favors what is in the child’s best interest. However, as the parent, you must present to the court what you believe is in their “best interest” and why. The better you can represent this information and make your case for allowing (or disallowing if it is the other parent) from moving, the better.
The Importance of Obtaining Permission Before Moving
One of the key mistakes that could occur when moving with child custody in New Jersey is not having documentation that substantiates the allowance of the move. If you move without the court’s permission to do so or the other parent’s verifiable consent to do so, you could be considered violating a court order.
Remember that the custody agreement put in place is a court order. That means it must be followed, or the court can take legal action against you. Violating a court order can lead to serious legal repercussions, including:
- Changes to custody arrangements
- Fines and penalties
- Possible court sanctions depending on the situation
Seeking the approval of the court first protects your rights. The court is not going to hold the need to move for a justifiable reason against you. They will not strip your child’s custody from you just because you apply for relocation. They will investigate and then determine what is in the best interests of the child.
How Our New Jersey Family Lawyer Can Help You
New Jersey child relocation laws are clear. The goal is to support the child’s relationship with both parents when it is in the child’s best interests to do so. If you need to obtain parental relocation consent, we strongly encourage you to reach out to our legal team for help first. There are several key ways we can help you:
- Provide you with insight into whether you need to seek court approval for these decisions based on the specifics of your case
- Offer insight into the legal steps to prove to the court that the relocation is desirable for the child
- Offer insight into the legal strategies available if the court may not approve of the decisions and what legal options may be available to you if you are told no.
As a New Jersey family lawyer will tell you, this is a critical decision. Before you accept a job offer or sell your home, it is critical to seek out legal support and guidance.
Contact Our New Jersey Child Custody Lawyers Now for Help
Call Jersey Coast Family Law at 732-361-4718 now to discuss your child custody case with our family law attorney.
Put your trust in Jersey Coast Family Law, a law firm serving all of the New Jersey area with offices in Toms River and Red Bank. Let our legal team guide you in knowing what your options and limitations are, and let us ensure you do not make a mistake that could hurt you for years to come. Contact us now.
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Check out our other blogs: When and Why Home Appraisals Are Done in a Divorce.
