Relocating after a divorce can seriously affect the custody agreement and parenting plan. It is important for parents to consider their rights and responsibilities as well as the impact a move will have on their children. If you have questions regarding your potential move, reach out to a Union County relocation attorney for skilled representation and legal advice.
What is a Custody Agreement?
During a divorce where the couple shares one or more children, a custody agreement must be made. This document is created by the court and awards either joint or sole physical and legal custody to the parents.
The document will also include visitation and holiday schedules, drop-off and pick-up agreements, child support arrangements, and more. Adhering to the custody agreement is crucial in a co-parenting relationship.
Are Parents Allowed to Relocate After Divorce?
When a custodial parent wants to move with their child, they will need prior approval to do so. Because the other parent has a legal claim to their child they cannot simply go wherever they want on a whim. Moving a couple of towns over is not a big deal, but if the parent wants to take the child to another state or far enough away in the state that it impacts the custody agreement, they need to request permission. NJ state law requires that either the other parent or the court approves a significant move.
Will Relocating Affect My Custody Agreement After Divorce?
Relocating to a nearby town or city will probably not change much in terms of your custody agreement. However, moving significant distances will surely affect the previously agreed-upon arrangements.
When a parent wants to move they are required to inform the other parent and the court about why they want to move as well as provide a new parenting plan proposal. With the parents living so far away the new custody arrangement must include an updated custody and visitation plan, travel information for the child to go back and forth between parents, plans for splitting holidays and important events, additional communications like phone calls or scheduled video calls, and more.
Relocation can also impact co-parenting dynamics. Effective communication and collaboration are crucial in raising a child as co-parents. This can be challenging when one parent relocates. However, depending on the relationship between the ex-spouses, living far away from each other may actually benefit both parties. It is important to keep in mind that relocating will have many implications besides drop-off and pick-up schedules.
NJ courts want to ensure stability in the child’s life. Moving far away from one of their parents may not be considered in the child’s best interest so it is important that the relocating parent has a fair and reasonable plan in place to accommodate this change. Contact an experienced family lawyer to learn more about your legal rights and options before relocating.
