Moving for many is a fact of life. Typically, people move to purchase a new home, start a new job, or simply start over. No matter what, the move is a significant decision that weighs on those who are undergoing the journey. However, if you are divorced and currently receiving child support, you may find that moving is not as simple as purchasing a house or securing a new job. If you have custody and need to move out of New Jersey, this article was written with you in mind. Let’s delve deeper into this subject so you can get the answers you seek.
Key Takeaways
- Custodial parents must get court approval before relocating out of state, even with sole custody. The court’s priority is the child’s best interests, not just the parent’s reasons for moving.
- Parents must provide reasons for the move, a parenting plan, and proof that the new location offers equal or better living conditions for the child.
- The court considers factors like the child’s needs, education, relationships with both parents, and the quality of the new environment when deciding on relocation.
- Moving without consent or court approval can lead to fines, jail time, loss of custody, or criminal charges.
Comparison Table: In-State vs. Out-of-State Custody Relocation in NJ
| Relocation Type | Requirements | Court Considerations |
|---|---|---|
| In-State Relocation | Must notify and receive consent from non-custodial parent | Generally easier to approve if it does not disrupt custody |
| Out-of-State Relocation | Requires court approval, other parent’s consent | Factors include child’s well-being, parent’s cooperation, education quality |
| Without Response from Other Parent | Proceed if non-custodial parent fails to respond | Court approval likely after documented attempts to notify |
| Relocation with Joint Custody | Both parents must agree or request court intervention | Focus on best interests, proximity to both parents |
| Relocation with Sole Custody | Still requires consent or court approval | Prioritizes stability, access to both parents, and child’s needs |
Child Custody and Relocation
In New Jersey, when you wish to relocate to another state after getting divorced, the court must approve it. The reason for this is for the court to determine if the move is in the best interest of the child. This means that the reasons you have for moving are less important than the well-being of the child—in the court’s eyes.
Furthermore, the other parent will be informed and given time to approve or disapprove of the move before the case moves to court. In the event the other parent doesn’t respond, they lose their right to say anything about your potential relocation.
To get the approval process started, you must submit a request that includes the following information:
- The reason for the move
- A parenting plan
- Proof that the child will have the same or better lifestyle and opportunities in the new location
- Details on the proposed school district, medical care, extracurricular activities, recreational activities, religious groups, and other organizations in the area
This is necessary even if you have sole custody of the child.
In-State Relocation vs Out-of-State Relocation
Relocation laws apply to children who were born and lived in New Jersey for at least five years. If your child is less than five years old and was not born in New Jersey, different laws may still apply.
If the law is applicable, here is what you need to know. Regardless of where you are moving, you will need to receive permission from the other parent—unless they do not respond within the given time frame. Courts may become involved if you are moving out-of-state and if this move will cause a disruption in the child custody and support arrangement.
In the 2017 case of Bisbing v. Bisbing, 230 N.J. 309, the Supreme Court of New Jersey ruled that the same method used to determine custody should be applied to whether a parent can move out of state. In other words, the Supreme Court decided that the child’s best interest took precedence over the parent’s desires. This also means that even if a parent’s choices do not hurt the child, the choice may not be deemed best for the child.
The court will assess the move using the following criteria:
- History of domestic violence
- Ability of the parents to cooperate in matters related to their child
- The child’s needs
- Employment
- Safety of the child
- Age and number of children
- Interactions between siblings
- Geographical location and proximity of each parent’s homes
- Quality time each parent will be able to spend with the child or children after the move
- Child’s preferences
- Home environment
- Education quality
Child Custody, Support, and Moving Out-of-State
Child custody goes one of two ways in New Jersey: sole or joint custody. If you and your ex-spouse currently share joint custody, then you make decisions together about the child’s education and other matters. Therefore, moving with a child when custody is shared can be problematic, as the other parent will have to agree.
If you have sole custody, the other parent must still agree. Should the non-custodial parent disagree and you move anyway, there may be serious legal consequences, including:
- Fines
- Be found in contempt of the court
- Jail time
- Loss of sole or joint custody
- Custody arrangement modifications
- Criminal charges
What if the Other Parent is Not Involved Anymore?
In cases where the other parent has little to no involvement in the child’s life, the court may be more likely to grant the relocation request. However, you will still need to go through the legal process. If the other parent cannot be located or refuses to respond, the court may proceed with your request after attempts to notify the other parent have been made.
Contact a New Jersey Family Law Attorney Today
If you have custody of your child and want to move out of New Jersey, you will find that it is harder than choosing a house and moving into it. There are rules that must be obeyed. Court procedures that must be followed. The courts do have a say, meaning that they will look into whether the move is in the best interest of the child. As such, this can make your relocation hectic, so it is best to consult with an experienced family law attorney to guide you through the process and protect your legal rights.
If you need to relocate out of New Jersey with your child or are facing a custody dispute over relocation, the experienced attorneys at Ziegler Law Group, LLC can help. We understand the emotional and legal complexities of these cases and will work diligently to help you achieve the best possible outcome for your family. Contact us today at 973-533-1100 to schedule a consultation.
FAQ Section
1. Can I move out of New Jersey with my child if I have sole custody?
Not automatically. In New Jersey, even sole custodial parents must get court approval before moving out of state to ensure the move aligns with the child’s best interests.
2. What if the other parent doesn’t respond to the relocation notice?
If the non-custodial parent fails to respond within the time frame, the court may grant the relocation request by default after attempting to notify the other parent.
3. What factors do courts consider when deciding on relocation requests?
The court evaluates the child’s best interests, including educational quality, parental cooperation, the child’s preferences, and the impact on parent-child relationships.
4. Can I lose custody if I move out of state without court approval?
Yes. Moving without approval can lead to legal consequences such as fines, jail time, or even loss of custody. Always seek court approval first.
5. Does the other parent need to agree if they are not involved in the child’s life?
If the other parent is uninvolved, the court may be more likely to grant relocation, but legal procedures still apply, and attempts to notify the other parent are required.
