Life is full of change. If you split with your ex with children in the picture, you already understand how complicated and stressful custody arrangements can be. Even in amicable divorces, neither side wants to lose access to their child and fail to build a relationship. Tensions can quickly flare when one parent wants to move with their child far from the other, as this may be seen as an attempt to keep them from the non-custodial parent.
Relocation, even within New Jersey, can trigger disputes if the move disrupts existing custody orders or limits parenting time. If you are the custodial parent of your child, you cannot unilaterally decide to relocate without consent or court approval.
The Lento Law Firm has helped many New Jersey parents relocate with their kids without violating custody arrangements or angering judges. Call our experienced Family Law Team in New Jersey today at 888-535-3686 or contact us online to get started. Relocation isn't something you can do on a whim, but it is possible by following established procedures and working with experienced attorneys.
What Are New Jersey's Laws and Rules on Relocation?
The most relevant New Jersey law regarding relocation prevents custodial parents from relocating a child out of the state if the move disrupts the custody agreement without either:
- The consent of the non-custodial parent.
- Approval from the court.
Years ago, courts in New Jersey would often side with custodial parents who attempted to relocate out of state. Even without the other parent's consent, court approval was enough to make relocation legal. However, New Jersey courts now hold the opinion that both parents play a role in shaping their child's future and success, reinforced by a recent Supreme Court case. Custody arrangements may not be exactly equal, but keeping both parents involved in the child's life is often in the child's best interest.
This "best interests of the child" standard is central to how New Jersey approaches relocation requests. Events in the parent's life, such as fantastic job opportunities or new relationships, can play a role, but relocation should never jeopardize a child's future. Courts evaluate whether a potential move serves the child's emotional, educational, and social needs while maintaining their relationship with both parents according to existing custody arrangements. They also check to see if the move has a valid purpose and is not motivated by spite or a desire to harm the other parent.
Because custody orders often specify the terms for visitation or equal access to the child, New Jersey law requires approvals for relocations that interfere with those terms. However, crossing a state border isn't the only way to violate a custody agreement. Even if you intend to relocate within New Jersey, significant distances or similar roadblocks that would prevent your ex from participating in your child's life can cause issues and lead to accusations of violating your custody terms.
Relocating down the street won't sound alarm bells, but moving across the state or country will definitely cause problems. If you have primary custody in New Jersey and are looking to relocate, call the Lento Law Firm before taking any drastic action. We can represent you during court hearings and limit actions that courts may construe as violations of your custody arrangement.
Why New Jersey Parents May Want to Relocate
Very, very few New Jersey parents go through the trouble of relocating their children without good reason. However, while the need to move can feel urgent and valid, New Jersey law still requires that these reasons align with the child's best interests and custody agreements. If you are considering relocating, your reasons for doing so might include:
- Better employment opportunities or lower cost of living
- Being closer to a family support network or taking care of family members in need
- Greater access to high-quality education, programs, or extracurricular opportunities
- Safety reasons, either to protect a child from harm or provide much-needed medical care
Even if you don't see your reason for relocating listed here, that doesn't mean you can't find success when attempting to relocate. The Lento Law Firm can help you prove to the court that relocation does not negatively impact your child's well-being and has a valid purpose, whatever that may be.
Court Processes for Relocation in New Jersey
Relocation requests typically begin with a petition to the court. After presenting your evidence showing why the move is necessary, reasonable, and beneficial for the child, the other parent has the chance to explain why they believe the opposite. Courts may deny a relocation request that severely limits parenting time or creates logistical barriers, even if you have valid reasons for relocating and can prove benefits to your child.
Moving a significant distance away can be seen as burdensome, but there are ways to remedy this. As part of your relocation request, you must also submit a detailed plan regarding visitation or custody schedules. The details of this plan can persuade a judge to accept the relocation, depending on what the plan offers the other parent. For example, extended holiday visits or robust virtual communication options can help keep custody fair for both sides, even if the custodial parent lives far away.
One additional point to keep in mind is that your child's desires may have a massive influence on the case. Courts often consider the child's wishes and their testimony can help prove the validity of a relocation. For instance, relocating without a new job offer or opportunity can still be possible if the child hopes to enroll in a prestigious high school or program. Generally, the child's concerns are more relevant if they are an older teenager than a young child.
At the end of the day, courts still must follow the rules and grant relocations only when they believe it's in the child's best interests; they cannot take your word or your child's word as gospel. Instead, they will want to see hard evidence and detailed plans for what the future holds. Contact the Lento Law Firm today to get started on your relocation plan. Our Family Law Team fully understands what New Jersey Family courts want to see and hear before granting a relocation.
What Happens When Both Parents Agree on Relocation?
While it can be complicated, relocation doesn't have to be contentious. Sometimes, both parents agree to relocation and fully support the plan. However, shaking hands and relying on the honor system isn't the best way to adjust custody arrangements when moving far away.
Relocation is a legal decision as much as it is a personal one. If the court orders a particular custody arrangement, they can also enforce it. You always want to go through formal legal processes to adjust your custody arrangements. If not, any informal changes are not legally binding, and you can face fines or criminal charges for violating an agreement.
When both parents agree to relocation, they can submit a joint application to the court outlining the agreed-upon changes to the custody or parenting time arrangements. This application typically includes the same type of detailed parenting plan that addresses how the non-custodial parent will maintain regular contact with the child after the move.
The court's role in these cases is largely administrative but still plays the same important function. Even with full agreement, judges must still ensure relocation serves the child's best interests and that both parents have genuinely consented to the relocation.
If you don't go through the court system to adjust your custody agreement and formalize relocation in writing, your future will always hang in the balance. Parents who once consented to relocation can change their minds in the future, and courts will likely side with them if relocation clearly violates the existing custody terms. Contact the Lento Law Firm today to work through the formal legal process with our Family Law Team and protect your child far into the future.
The Lento Law Firm Can Help New Jersey Parents Relocate and Retain Custody
Even with valid reasons to move, many New Jersey parents face resistance when attempting to relocate. Judges need to see the right evidence to grant relocations, which is only possible by thoroughly preparing for court appearances and crafting strong arguments for the move's necessity. Every little bit helps—including concrete evidence of school enrollment and housing—when it comes to showing that relocation will not negatively impact your child's life and future.
Naturally, most New Jersey parents are unfamiliar with Family court processes and may falter while trying to assemble a case. The Lento Law Firm has vast experience helping New Jersey parents retain custody and relocate with their children, and we can gather the necessary evidence to convince a judge to rule in your favor. In addition, our Family Law Team can also assist if your ex is attempting to relocate without good reason, breaking existing custody arrangements and affecting your future relationship with your child.
Call the Lento Law Firm today at 888-535-3686 or contact us through our website to learn more.
