Your life may change drastically over the years. For example, your job may require you to relocate, or a family member may fall ill and need to be cared for in another state. Other times, you may simply need a change. There are dozens of reasons you may want or need to move out of state. However, this can become complicated if you have a child and you share custody with your ex. Read on to learn more.
What is the difference between legal and physical custody?
When it comes to relocation, one of the first things to understand is the different types of custody. In New Jersey, parents are awarded physical and/or legal custody. Physical custody is awarded to the custodial parent. This is the parent with whom the child spends more nights of the week. Legal custody refers to a parent’s ability to make decisions on the child’s behalf. This gives parents influence on important aspects of the child’s upbringing for matters such as education, religious practices, and medical treatment. Legal custody also includes relocation.
Can I relocate out of state with my child?
If you and your ex share custody of your child, you cannot relocate with your child without permission. You will need permission from your ex to relocate. If your ex will not give permission, you are not out of luck. In this case, you can go to the court for permission to relocate. However, it is important to understand that relocating without permission from your ex and/or the court can have serious legal reprucussions.
What are New Jersey’s relocation laws?
The New Jersey Supreme Court ruled in August of 2017 that relocation cases need to be assessed with the Best Interest Standard. This requires that the decision the court makes regarding moving the child to this new location is in the child’s best interest. When making a decision about custody, a New York judge will consider some of the following factors:
- Other implications of the child and custodial parent moving
- The impact of the move on the child’s established relationships
- The bond between the child and each parent
- Social life
- The reasons for and against the move
If you want to relocate with your child, it is best to work with an experienced family law attorney. Our firm is here to help. Reach out today to discuss your options.
Contact our experienced New Jersey firm
If you require strong legal representation for matters related to divorce or family law, Haber Silver Simpson & Russoniello is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.