Does My Custody Agreement Permit Child Relocation?

child moving boxes

Once you finalize your divorce, you may be yearning for a fresh start, such as by moving away. However, if you plan to take your child with you, you cannot simply pack up and go. Child relocation is a serious, complex matter that usually requires the involvement of a New Jersey court. Follow along to find out how your custody agreement will influence your relocation with your child and how one of the proficient Hudson County family law attorneys at Greenberg & Walden, LLC, can steer you through your situation.

Does my custody agreement permit my relocation with my child?

The distance you plan to move with your child will largely influence whether you need court approval. Also, a large influence on your need to make a child relocation request is the type of custody you possess. To review, the types of custody are as follows:

  • Physical custody: you are the custodial parent and your child mostly lives with you.
  • Legal custody: you are involved in making important decisions regarding your child, like their medical treatment, education, religious practices, etc.
  • Sole custody: you are the only parents with physical and legal custody because your former spouse was determined by the court to be parentally unfit.

Put simply, having joint custody requires you to request child relocation. You can first ask your former spouse for permission, but if they contest it, then you can bring your request to the court. You do not have to do so if you have sole custody.

What information is needed to decide on my relocation with my child?

As with every family matter that is brought to the court, your child’s best interest will be top of mind when determining whether you can relocate with your child. With this, the court may ask you the following questions:

  • What is your reasoning for your relocation?
  • What is your former spouse’s reasoning for contesting your relocation?
  • Is your relocation because you plan to live with a new spouse?
  • Is your relocation because you plan to pursue higher education or a new job?
  • Is your relocation because your child requires serious medical treatment?
  • Is your relocation to a safer place to raise your child?
  • Is your relocation closer to your child’s extended family?
  • Is your former spouse willing and able to relocate as well?
  • Will your relocation significantly improve your child’s quality of life?
  • Will your relocation significantly improve your child’s educational, social, and economic opportunities?

You must be prepared to answer these questions so that your request can be granted. If you require assistance with preparing, talk to one of our talented attorneys from our boutique New Jersey law firm, which is located in West New York, today.

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