Child Custody and Visitation Attorney in Nutley, New Jersey

Moving Out of State and Child Custody

New Jersey family law attorney, Brad Micklin, reflects on how to navigate moving a child out of state.

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The roles regarding relocation out of state with children after a divorce is dependent on the type of custody arrangement that you have. If you’re sharing custody, but not equally, like there’s an alternating overnight schedule or one parent has less than 50 percent of the time, the standard’s been relaxed a little bit and it’s really that they must show a good-faith reason for the move that’s not gonna harm their child, and that it’s in the child’s best interest. And that’s only if the other parent doesn’t consent to it. But if there’s an actual shared custody arrangement where there’s equal time or equal parenting responsibilities, then it becomes a change of custody analysis, which means you have to show that it’s in the child’s best interest to be relocated, not just that it’s good for the family. So it’s a much more challenging schedule if you’re sharing time equally.

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