If you are looking to relocate out of state, it is important to understand the process. Read on to learn more about child relocation after a New Jersey divorce.
How is custody determined?
The first step to understanding your relocation options is understanding your custody arrangement. In New Jersey, there are two main types of custody:
- Physical custody: This type of custody, also known as “custodial custody” is awarded to the parent with whom the child spends more nights of the week. This parent is mainly responsible for providing the child with basic necessities, including a stable home, clothing, education, and more. It is important to know that, in most cases, the child will go back and forth between both houses.
- Legal custody: Both parents can be awarded legal custody. This type of custody allows a parent to make important decisions in the child’s life. This may involve decisions about healthcare, religion, education, and more. This also gives a parent a say over relocation matters.
- Sole custody: In some cases, a parent will be deemed unfit. When this occurs, the fit parent is awarded sole custody. If you have sole custody, you can typically relocate.
How is Relocation Determined?
It is important to know that when making a decision about relocation, the court is working to rule in your child’s best interest. In order to determine what is best for your child, the court may examine the following factors:
- The bond between the child and each parent
- The impact of the move on the child’s established relationships
- Education
- Social life
- The reasons for and against the move
- Other implications of the child and custodial parent moving
What if I leave the state without permission?
If you do not get permission from your ex or the court, you cannot move out of state with your child. Attempting to do so can result in criminal charges. For example, you may be charged with child endangerment or even kidnapping. This can result in you losing custody. As a result, it is important to work with an experienced family law attorney who can help you prove that your move is necessary and beneficial.
Contact our Firm
We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.
