Can you move out of state if you have an existing custody order?

On Behalf of | May 2, 2022 | Child Custody |

Roseland area residents who have a custody arrangement with their ex-partner know how difficult it can be to arrange major life decisions. One such complication that can arise is relocation when there is an existing child custody arrangement in place.

Many people move each year in New Jersey for many different reasons. You may have gotten a new job, want to move closer to family, have met a new love interest, among many other reasons. When there is a child custody order in place, moving can unfortunately become more complicated.

In-state move

A parent can generally move anywhere within the state of New Jersey if they do not significantly impact the current parenting plan. A longer-distance move within New Jersey can be challenged by the other parent and a change of physical custody may be required.

Out-of-state move

A parent cannot move outside of the state of New Jersey with the child unless the other parent approves, or the court allows it. The court will take into consideration what is in the best interests of the child.

A legal professional who is skilled in family law can help a parent who is seeking to move, whether within the state or to another state. They know that child relocation laws are complicated, and mistakes can be made if a relocation is not planned properly. An attorney understands how to address the concerns of the impact the move will have on the child, the effect the move will have on the child’s emotional well-being and educational opportunities, the strength of the relationship between the child and their parent, and the parent’s reason for relocating. They can also facilitate travel scheduling plans for out of state parents and using technology to allow both parents to continue to have a relationship with their children.