Family circumstances change when parents divorce or legally separate. It can take months to adjust to shared custody, and the arrangements for the family may shift abruptly based on the decisions made by one parent.
People rebuilding their lives after divorce may look for new housing, better employment or fresh romantic relationships. Pursuing better opportunities may require a change in address.
Some moves are minor and unlikely to impact shared custody arrangements, but a move out of the state could disrupt shared custody arrangements. Can a parent who shares custody leave the state and take their children with them?
Relocations often require custody modifications
Neither parent has the authority in a shared custody scenario to make decisions that diminish the other’s parental rights. One parent cannot simply decide to leave New Jersey and take their children with them.
Instead, they generally require the support of the other parent if they intend to relocate out of the state. Any move that could negatively affect the parent-child relationship may require pre-approval. Parents can agree to modify the custody order to allow the move if they both agree it is necessary.
If the other parent does not cooperate, then it may be necessary to litigate the issue. A judge typically seeks to make custody decisions that are in the best interests of the children. A parent proposing a relocation that could diminish the other’s time with the children must show that the move is ultimately a positive change for the children.
Both those proposing a change to custody and those opposing a parent-child relocation may need help navigating a relocation-related modification request. Learning about state statutes and presenting the matter strategically can impact how the courts respond to a contested relocation request.