Sharing custody or parental rights and responsibilities is a challenge. Parents typically have to outline very clear rules regarding how they divide parenting time and decision-making authority. New Jersey parents have the option of either settling with one another to establish their own custody arrangements or litigating and asking a judge to settle their disputes.
Once they have a custody order in place, both parents have an obligation to uphold that order to the best of their abilities. Sometimes, parents come to realize that the current arrangements may not work for them anymore. For example, one parent may receive a job offer in another state or may decide they want to move closer to their family for low-cost childcare support.
Can someone in a shared custody arrangement relocate out of New Jersey with their children?
Mutual agreement is typically necessary
Maintaining a degree of proximity between the parents is of the utmost importance for regular custody exchanges. If one parent intends to move a substantial distance from the other, that could interfere with the relationship the other parent has with the children.
Current family law statutes in New Jersey require mutual agreement or a court order for one parent to relocate out of the state with the children. If the parents discuss the move and reach an agreement about how to adjust the custody arrangement, they can file an uncontested modification request with the New Jersey family courts. A judge can change the custody arrangements to reflect the new living circumstances of the parent and children.
If the parent remaining in New Jersey opposes the move, then a judge may need to hear the case. Judges resolving disputes about parenting time typically focus on what they think is best for the children. Relocations can be in the best interests of the children. They may allow them to continue living with the same parent who has had primary responsibility for them. They can put the children into better school districts or plug them into an expanded support network.
However, the negative impact the relocation has on the relationship with the other parent is a serious concern. In some cases, judges may decline to permit a move if it does not appear to be beneficial for the children or if one parent has expressed a desire to alienate the children from the other.
Understanding how the state handles relocation requests can help those hoping to move and those concerned that a move could affect their time with their children. Those preparing to make major changes in a shared custody scenario in New Jersey may need to plan carefully to secure the best outcome possible.