How Do You Relocate Without Violating a Child Custody Agreement?

person writing on paper

The average American is expected to move over 11 times during the course of their life. That process can be further complicated if you share child custody with a former spouse. If you want to or need to relocate with your child, please read on, then contact one of our skilled relocation and child custody attorneys in Bergen County, NJ to learn how you can relocate without violating a child custody agreement.

How do you relocate without violating a child custody agreement?

Technically you can relocate anywhere within New Jersey so long as your move does not unduly impact the current parenting plan. Shorter distance moves within the Garden State do not require permission from the other parent unless there is some court order or agreement expressly forbidding it.

Can you relocate out of state without violating a child custody agreement?

Yes. Under New Jersey law, a parent may remove a child to another state only with 1) the consent of the other parent or 2) a court order granting permission, unless the parent is 3) fleeing immediate risk.  If this is not the case, then the custodial parent must file formal paperwork with the court that includes the following:

  • Factual statements explaining how the move is in the child’s best interests
  • A comparison of the medical, educational and recreational resources available to the child in New Jersey and in the other state
  • A suggestion as to how the non-custodial parent would be able to maintain a reasonable time-sharing or visitation schedule.

One common example of the latter specification is that the child spends the majority of school holidays with his or her non-custodial parent.

What are good reasons for relocation?

To justify your relocation, you, the custodial parent, must present some good faith reasons. These good faith reasons include the opportunity to live in an area with a better cost of living, live closer to family members who can help with child care responsibilities, start a new job, get a better job, or continue your or your child’s education. Proving your case to the Family Court is no easy feat. If you need help relocating without violating a child custody agreement, reach out to one of our skilled child custody attorneys in Bergen County NJ to discuss your next steps.

Contact our experienced Bergen County firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

Read Our Latest Blog Posts

  •  Can Alimony Be a One-Time Payment?
  •  Under What Conditions Is Sole Custody Granted in Divorce Cases?
  •  What Are the Common Challenges Faced in Joint Custody Arrangements?