It is generally in the best interest of the child to have consistent contact with both parents. However, when there is a change in the custodial parent’s employment, housing or other personal change that affects the non-custodial parent’s time with the child, the court will need to get involved if the parties cannot reach an agreement addressing the non-custodial parent’s parenting time with the child.
How do you deal with a custody plan when you want to relocate with the child a substantial distance from the other (non-custodial) parent? Absent an agreement between the parties, the court’s intervention is needed. Whether your custody arrangement is the result of a divorce or other court order, if you want to relocate with your child either within the state, out of state, or out of the country, you will need a court order to do so if an agreement cannot be reached with the other parent.
In a relocation action, the court will consider whether there is a good faith reason to move and most importantly whether the move is in the child’s best interest. The court will consider a number of factors including: whether it is to advance the moving party’s education or career; the proximity to extended family; cost of living; quality of school/extra-curricular activities for the child at the new location; preference expressed by the child, if the child is of an appropriate age to voice their opinion; and the proposed visitation plan with the alternate parent (including transportation for those visits), and whether it will continue to foster the child’s relationship with the non-custodial parent. Other factors the court may consider are whether there is any malicious intent by the moving party, how well the parties are able to communicate with each other, if there is a history of domestic violence between the parties, and whether the non-custodial parent is able to assume custody and if so, has a proposed parenting time plan to offer to the other parent. The court will hold a hearing to consider testimony and evidence that is relevant to evaluating these factors.
Until the court evaluates the factors listed above and enters an order, the custodial parent will not be permitted to leave with the child. Therefore, it is important to file the appropriate application with ample time for the matter to be heard and decided by the court. It can take several months for a relocation application to be heard and decided.
Parents can either file a relocation motion pro se (without an attorney) using the forms found at www.njcourts.gov or contact the local Legal Services office to see if you qualify for legal assistance. The Legal Services offices in New Jersey are:
Central Jersey Legal Services (with offices in Middlesex, Mercer and Union County)
Main phone number – (732) 249-7600
Essex-Newark Legal Services (office in Newark)
Main phone number – (973) 824-3000
Legal Services of Northwest Jersey (with offices in Somerset, Hunterdon, Warren, Morris and Sussex County)
Main phone number – (908) 231-0840
Northeast New Jersey Legal Services (with offices in Hudson, Bergen and Passaic County).
Main phone number – (201) 792-6363
South Jersey Legal Services (with offices in Camden, Atlantic, Burlington, Cape May, Cumberland, Gloucester, Monmouth, Ocean, and Salem County).
Main phone number – 1-800-496-4570
Please contact Central Jersey Legal Services if you need assistance or have questions regarding a relocation application.
