Co-parents in New Jersey have to follow the terms of their custody order. They follow a specific schedule for their parenting time and communicate with one another about major decisions regarding their children.
Their current arrangements may require major adjustments if one parent decides that it is time for them to leave the Garden State. New relationships, employment offers and a desire to be close to family could all inspire people to leave New Jersey with their children despite sharing custody.
In such cases, the parent hoping to move with the children may require consent from the other parent. How can parents secure the permission they need to relocate with their children in a shared custody scenario?
By communicating well in advance
A parent may have a knee-jerk, negative reaction to a co-parent’s proposed relocation out of the state. After all, an increase in the distance between parental houses may complicate regular custody exchanges. However, with enough time to consider the matter, they may come to understand that the move is beneficial for their children. The co-parents can then cooperate by negotiating new arrangements for shared custody.
When a parent provides advance notice as required by state law and the terms of a shared custody order, they can potentially cooperate with their co-parent to modify the existing custody order to accommodate their relocation.
By taking the matter to court
Co-parents are not always supportive of plans to relocate. In some cases, they may dig in their heels and refuse to cooperate. When that happens, the parent hoping to move may need to ask the family courts for support.
Judges hearing contested relocation cases have to consider the perspectives of both parents. In a litigated custody dispute, the focus is on the best interests of the children. If the parent proposing the move can show that there is a legitimate reason to relocate and that the move is beneficial for the children, the courts may agree to permit the move and modify the custody order accordingly.
Those trying to navigate the legal complexities of a child custody modification due to a pending relocation may need help managing the legal processes involved. Communicating with the other parent, proposing reasonable custody adjustments and presenting the matter in a favorable light to a family law judge may all be part of the legal relocation process.