CAN A CHILD BE MOVED OUT OF THE STATE WITHOUT PERMISSION FROM THE OTHER PARENT?

Here in New Jersey child custody relocation cases are handled on an individual, case-by-case basis with a specific legal framework that prioritizes the child’s best interests. Under New Jersey law, a custodial parent cannot relocate with a child out of state without either the consent of the non-custodial parent or a court order. This rule stems from the recognition that relocation can significantly impact the child’s relationship with both parents.

What is the best interest standard?

In determining whether to grant permission for relocation, New Jersey courts employ the ‘best interests of the child’ standard. This involves a thorough examination of several factors, including:

●       The reasons given for the move;

●       The reasons given for the opposition;

●       The past history of dealings between the parties insofar as it bears on the reasons advanced by both parties for supporting and opposing the move;

●       Whether the child will receive educational, health and leisure opportunities at least equal to what is available here;

●       Any special needs or talents of the child that require accommodation and whether such accommodation or its equivalent is available in the new location;

●       Whether a visitation and communications schedule can be developed that will allow the non-custodial parent to maintain a full and continuous relationship with the child;

●       The likelihood that the custodial parent will continue to foster the child’s relationship with the non-custodial parent if the move is allowed;

●       The effect of the move on extended family relationships, here and in the new location;

●        If the child is of age, his or her preference;

●       Whether the child is entering his or her senior year in high school at which point he or she should generally not be moved until graduation without his or her consent;

●       Whether the non-custodial parent has the ability to relocate; and

●       Any other factor bearing on the child’s best interest.

How do I request permission to move my child out of the state?

For a custodial parent contemplating relocation, understanding the procedural steps is essential.

The process generally involves:

1. Notification: The custodial parent must notify the non-custodial parent of the intended move, providing detailed information about the new location, the reason for moving, and a proposed new visitation schedule.
2. Consent or Objection: The non-custodial parent can either consent to the relocation or file an objection with the court.
3. Court Proceedings: If the non-custodial parent objects, the custodial parent must file a formal motion with the court. The court will then evaluate the case based on the ‘best interests of the child’ standard.

What are the complications of removing a child from the state?

When a parent intends to relocate with a child, it typically requires a modification of the existing custody agreement. Most custody agreements incorporate specific provisions indicating the distance a parent may move without requiring court approval. If the proposed relocation exceeds this stipulation, the relocating parent must obtain either court approval or consent from the other parent.

In instances where the non-relocating parent objects to the proposed move, the issue often proceeds to court. In such cases, the court will evaluate whether the relocation serves the best interests of the child and whether the current custody arrangement should be adjusted to facilitate the move.

Long-Distance Parenting Plans

Upon court approval of the relocation, the existing parenting plan must be modified to accommodate the new distance. Long-distance parenting plans are formulated to ensure that the non-relocating parent can sustain a meaningful relationship with the child, even when regular visitation becomes more challenging.

Common components of long-distance parenting plans may include:

❖     Extended visitation during school vacations or holidays.

❖     Virtual visitation options such as video calls or phone calls to maintain regular communication.

❖     Adjustments to the child’s travel arrangements, specifying responsibilities for transportation costs.

❖     Definitive schedules for in-person visits, particularly if frequent travel proves impractical due to distance.

These plans are tailored to address the unique needs of the child while considering the logistical realities of the relocation, striving to maintain a strong bond between the child and both parents.

The Financial Impact of Relocation on Child Support

Relocation not only affects custody arrangements but also significantly influences child support payments. When a parent relocates, especially over a considerable distance, alterations in the child’s living situation, financial requirements, and both parents’ ability to meet those needs may necessitate revisions to the existing child support order.

If the relocation results in significant changes in circumstances, either parent may petition the court for a modification of the child support order. Common grounds for modification include:

Changes in Income. Should the relocating parent obtain a new position with a higher or lower salary, this may impact the calculation of child support.

Changes in Expenses. Relocation may lead to increased financial burdens, such as travel expenses for visitation or higher living costs in the new area, which may need to be taken into account in the support agreement.

Changes in custody arrangements. If the relocation precipitates a shift in physical custody (for instance, if the non-relocating parent gains primary custody), the child support order may require adjustment to reflect these new living arrangements.

In determining whether to modify child support, the court will prioritize the best interests of the child and ascertain whether the existing support order continues to suffice given the new circumstances.

A significant financial concern in relocation cases is the cost of travel for visitation. If the relocation creates a substantial distance between the child and the non-relocating parent, travel expenses can accrue rapidly, particularly if frequent visits are included in the parenting plan. In certain cases, the court may mandate that the relocating parent bear the majority of these travel expenses as a condition for approving the move. However, courts may also distribute travel costs between both parents, taking into account their financial situations and the nuances of each case. It is imperative to address these expenses within the modified child support agreement to ensure that both parents can remain actively involved in the child’s life without incurring undue financial hardship.

Relocation and Parental Rights

Parental relocation can profoundly impact both parents' rights, particularly concerning their ability to maintain a close relationship with their child. Courts acknowledge the necessity of both parents playing an active role in their child’s life and are generally reluctant to approve relocations that would considerably restrict one parent's access to the child.

Protecting the Non-Relocating Parent’s Rights

If an individual is the non-relocating parent and believes that their ex-partner’s move will adversely affect their relationship with the child, it is essential to take prompt legal action. The non-relocating parent must file an objection with the court to contest the relocation or seek modifications to the custody and visitation schedule to safeguard their rights.

Courts are more likely to grant a relocation request if it can be demonstrated that the move benefits the child. Therefore, it is critical to illustrate how the relocation could negatively impact the child’s well-being or the ability to maintain an active parental role. This may involve evidencing potential disruptions to the child's education, social life, or emotional stability.

For the relocating parent, it is imperative to adhere to the legal process to obtain approval for the move. This process typically involves notifying the other parent and submitting a formal request to the court.

You’ll need to present a compelling case for why the relocation is in your child’s best interests and what you plan to do to make sure the child maintains their relationship with the other parent. A good idea would be to provide a proposed parenting plan schedule that shows how you will maintain the child’s time with their other parent, and how you will make sure this move positively impacts the child’s education, finances, social and mental health, etc.

Guidance for Relocation Cases 

Relocation can have a profound impact on child custody and support arrangements, and it’s essential to understand how the legal system handles these cases. Whether you’re the parent planning to move or the parent concerned about maintaining your relationship with your child, navigating relocation requires careful planning and legal guidance.