
A parent moving away after divorce can have significant implications for their parenting rights and their child’s well-being. Relocation can substantially affect custody agreements made during a divorce so it is important to weigh all of your options and consider what is in the best interest of you and your children. Speak with a Sussex County, Sparta relocation attorney for more information and legal counsel.
What is the Purpose of a Custody Agreement?
Custody agreements are designed to outline the terms and conditions of child custody after a divorce. The document details how parents will share responsibilities and rights related to their shared children.
Custody agreements generally focus on two main issues: physical and legal custody. Physical custody refers to where and with whom the child resides. Legal custody gives parents the right to make important decisions regarding the child’s welfare like medical, educational, and religious decisions.
When creating a custody agreement courts will prioritize the best interests of the child, aiming to maintain stability and allow the child to continue having a relationship with both parents. The document may also include financial support obligations.
How Can Relocation Affect Custody Agreements After Divorce?
When one parent wants to relocate, the custody agreement may need modifications and adjustments to ensure it remains relevant. Depending on how far the parent moves away, it can render the custody and visitation schedule useless.
The custody agreement must be reevaluated when a parent wants to relocate. For example, suppose the original agreement was that the custodial parent would drop the child off with the noncustodial parent every Friday and pick them back up every Monday. That may have worked when they lived 15 minutes away from each other, but if they will now be in different states or very far away, the schedule will have to be adjusted.
Agreements surrounding splitting holidays will also likely be modified. Child support, virtual communications, important events, and more must all be accounted for when a parent relocates.
Does NJ Law Regulate Relocation for Parents After Divorce?
Because of the effects relocating can have on the child and custody agreements, New Jersey law may regulate whether or not a parent can move away after a divorce.
The relocating parent is required to provide notice to the other parent and/or the court. For an NJ parent to legally relocate with their child, they must receive approval from the other parent or the court. If the other parent objects to the move, the relocating parent can petition the court for permission. The court will evaluate many factors and information to determine whether or not the move is in the child’s best interest.
When determining whether or not to approve the relocation, courts will consider the reason for the move, the impact it will have on the child, the impact it will have on parenting time, each parent’s history of being involved in the child’s life, and more. Contact an attorney for more information.