COVID-19 Information

Despite the impact of COVID-19, we are open and continuing to meet the needs of our existing clients and new clients without interruption or change in the quality of our services. Please do not hesitate to contact us with any concerns, questions or requests for information about your matter. At this time we are offering appointments via telephonic and/or video conferencing.
To help out during these trying times we are offering Free Consultations. Click here to Schedule a Consultation.

Make a Payment

COVID-19 Information

Despite the impact of COVID-19, we are open and continuing to meet the needs of our existing clients and new clients without interruption or change in the quality of our services. Please do not hesitate to contact us with any concerns, questions or requests for information about your matter. At this time we are offering appointments via telephonic and/or video conferencing.
To help out during these trying times we are offering Free Consultations. Click here to Schedule a Consultation.

Make a Payment

Brand

We Listen. We Think. We Find Solutions.
973-692-6317

Let Our Experience
Help You Meet Your Goals

Child custody and relocating out of state

On Behalf of | Sep 11, 2021 | Child Custody |

Divorce often comes with a variety of changes for the whole family. Many times, these changes include moving, new schools and new jobs. For one reason or another, one parent may want or need to move out of state and relocate with the children. 

When a custodial parent moves beyond state lines it can cause challenges for co-parenting and visitation rights. Ultimately, what is in the best interest of the child is always at the core of the matter as far as courts are concerned. 

Factors to consider when relocating to another state

Legally relocating a child to another state when there is a custody order in place isn’t likely to be an easy process. Here are a few steps to consider:

  • Notice and consent: You need to give notice in writing to the noncustodial parent about your intention to move. This notice must contain the intended date of the move and seek the permission of the noncustodial parent. This allows the other parent an opportunity to object or consent to the move.
  • Visitation issues: When traveling out of state is required to maintain visitation schedules it can require modifying the custody or visitation order. In some cases, the state may require the extra expenses to be shared 50/50. You need to have a plan in your mind that will show the court how you intend to support and preserve the child’s relationship with their other parent.
  • Justification: You cannot simply move away because you want a “fresh start.” You need to demonstrate to the court that your move will, in some way, benefit your child. For example, if you are moving for a better job, that allows you to better provide for your child. If you’re moving to be closer to relatives, that could give your child a better support system.

When dealing with relocating a child to another state, professional guidance that is experienced in child custody and visitation can help to ensure that rights are protected for all parties involved.

Archives

FindLaw Network