How Moving My Child Out of State Affects Child Custody

Posted February 10th, 2016 by .

Categories: Family Law.

child custody out of state anthony carboneOne of the major concerns any divorcing family has to deal with is what to do with the children. Usually, a joint custody arrangement can be made between the two parties. However, there are times when this can’t be done. For instance, when someone decides to move out of New Jersey.

For example: After a pretty amicable divorce, you and your ex-wife have shared custody of your son. Your ex has been looking for a job for some time now and has finally found something. However, the job is out of state which means she has to move and wants to take your son with her. What does this mean for your child custody agreement? Is there a way that you can fight her?

If you are planning to move out of state and are the primary custodial parent (i.e. the child’s primary residence is with you), then one of the first things you need to do is get permission from your ex. If that’s not possible, then the parent will have to get court order. If this is the case, the court uses certain factors to determine whether the parent has the right to relocate with the child. Some of these factors include:

  • The reason for the move
  • The reason for any opposition that the other parent might give
  • The child will receive the same level of care that he currently receives
  • If a visitation/communication schedule can be created with the other parent so a relationship can be continued with the child
  • If of age, the child’s preference of where he/she wants to live

So, can you contest if you are the non-custodial parent? Yes, but you should have a good family law attorney by your side to help you with the process. If you are having child custody issues, then we can help. Contact the Law Offices of Anthony Carbone today for a free consultation.

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