Will my child custody agreement stop my out-of-state move? | Lane & Lane, LLC
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Will my child custody agreement stop my out-of-state move?

Whether for work, family or more personal reasons, leaving New Jersey and moving to a new state is sometimes a necessary part of life. While this can be complicated enough, throwing in a divorce and child custody agreement can make things absolutely confusing. Will you be allowed to bring your child with you, or will they have to stay with your ex? That all depends on a variety of factors. 

If you are the primary custodian for your child, you may be expecting that wherever you go, your child will go. However, this is not the case. Your child's other parents still has rights, and your child may greatly benefit from close proximity to their other parent. 

If moving out-of-state is necessary, you will need to file a relocation petition with the court. This petition must include a parenting time schedule that encourages and supports your child's relationship with their other parent. You will still need to apply for a modification of your current custody agreement even if you are moving to a new state and do not plan on bringing your child with you. On the fence about whether you should try to bring your child along for the move? Consider some of the following: 

  • Your child's best interests 
  • The child's preference, if old enough 
  • Benefits of the move, including better access to schools, family and medical care 
  • Amount of time spent with both parents 

Life after a divorce can be complicated, and figuring out child custody issues during a relocation is certainly no exception. Like other parents in New Jersey you may feel overwhelmed by the prospects and unsure of where to start or go next. You do not have to answer these questions alone as there are ample resources available to you

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