Relocating with children after a divorce or separation isn’t as simple as packing bags and moving to a new home. If your co-parent wants to move out of state or far enough that it affects the existing custody arrangement, they must follow the proper legal channels.
New Jersey custody laws aim to ensure that children maintain regular and ongoing contact with both parents post-divorce. Therefore, if your co-parent’s relocation with the children will significantly disrupt this arrangement, they must either get your consent or obtain court approval. Here is how this works.
Do you agree with the move?
The process is relatively straightforward if you do not object to the relocation and the children’s well-being is not in question. If that’s the case, you can work with your co-parent to adjust the parenting plan and accommodate the move while maintaining the children’s best interests.
This may involve revising visitation schedules or adjusting how you will stay involved in your children’s lives. Once you are both on the same page about the necessary changes, all that’s left is to submit the revised agreement to the court for approval.
What if you disagree with the relocation?
If you do not consent to the move, your co-parent must petition the court for approval. A judge will listen to both sides of the story and decide the way forward. Various factors may weigh in the court’s decision, with the primary concern being the children’s best interests.
Should your co-parent relocate with the children without your consent or the court’s approval, it is a violation of the custody agreement, and you can take legal action against them. Seeking experienced legal guidance in such situations or if you are unsure about how things work can help you assert your parental rights and protect your children’s well-being.