What to Do When Moving Children Out of the State

Posted July 14th, 2014 by .

Categories: Family Law.

child-custody-moving-out-of-stateThe divorce process is finally over. You and your ex have signed the papers and agreed that you will get the children. All seems to go smoothly until you lose your job. But you quickly find employment; however, you’re going to have to move to Vermont. But what about the children? How will your ex get to see them?

Child custody and support is probably the hardest part of a divorce. No one likes to break apart a family, especially with children involved. What can be worse is if one spouse decides to leave the state and plans to take the children. According to New Jersey law, if the parent that is moving out of state is the custodial parent, he/she must get the court’s approval before taking the children. So before leaving the state, the parent must petition the court to modify the custody or visitation order that is currently in place. If he/she doesn’t seek the court’s approval, then that parent could face criminal charges.

Another way the custodial parent can relocate with the child is by getting a consent order from the non-custodial parent. In other words, the non-custodial parent can sign an agreement that would allow the custodial parent to move out of state with the child. This agreement should explain how the non-custodial parent will keep in contact with the child, such as through phone calls and computer access. Plus, there should be a clear explanation of travel costs for visitation by the non-custodial parent and the children. It is advisable that you try to work this out between you and your ex since a court order could cost you.

Are you going through a divorce and can’t agree on child custody? We can help! Contact the Law Offices of Anthony Carbone, PC for a free consultation. For more information on divorce and parents’ rights, download our free ebook today.


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