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Can Relocation Affect My Custody Agreement?
Relocating to a new city or state can be a daunting and stressful experience. However, it can be a particularly complicated process when parents have separated or divorced. This is because relocation can have a significant impact on custody arrangements. As such, it’s crucial to understand the laws regarding relocation and custody agreements to avoid legal complications down the road. Please continue reading to learn how relocation affects child custody in New Jersey and how a determined Ocean County Child Custody Attorney can help you navigate this complex situation.
Can You Legally Relocate with Your Children After Divorce?
Before deciding to relocate with your children, it’s crucial to understand the laws regarding relocation and custody arrangements in New Jersey. Moving a child out of state requires permission from the other parent or the courts. If the non-custodial parent won’t agree to the move or a new custody and visitation arrangement, the custodial parent will need to file a petition asking the court to approve the relocation. This is typically achieved by demonstrating a substantial change in circumstances or showing that the move is in the child’s best interest.
Nevertheless, the easiest way for a custodial parent to relocate with children after divorce is to have the other parent consent to the move and enter into an updated written agreement memorializing the change. This agreement must outline that both parents consent to the relocation and must be accompanied by details regarding travel arrangements so that the child can continue visitation with the non-custodial parent and a new time-sharing schedule that takes the proposed relocation into account. The court generally believes that it’s in a child’s best interest to spend time with both parents, as maintaining a relationship with both parents is considered beneficial for the child’s overall well-being. That said, as long as the court approves the updated arrangement, it can be implemented as part of the original custody agreement.
Should I Consult an Attorney?
As you can see, relocation with children after divorce can be a complex custody matter that requires careful navigation, whether you are a custodial or non-custodial parent. The other parent may object to your relocation, which can lead to a court battle if you cannot reach an agreement. Additionally, the existing custody agreement may have stipulations regarding relocation. An attorney can help you understand your rights to ensure you comply with the terms of your agreement to avoid legal issues.
If you or your co-parent are thinking about relocating after divorce, please don’t hesitate to contact an experienced attorney from the Law Office of Sarina Gianna, LLC, who can assess the circumstances of your case and help you achieve the best possible outcome. Connect with our firm today to learn how we can fight for you.