Can My Ex Move Out of State With My Child?

When a judge determines a child custody agreement, he or she will primarily consider the child’s best interests. Therefore, if a judge determines that one parent should have primary physical custody of a child, they will create a parenting time plan that reflects this. That said, if the custodial parent is looking to move out of state with the child, they will likely have to obtain permission either from the non-custodial parent or the court (if the non-custodial parent opposes the move). Please continue reading and reach out to a knowledgeable child custody lawyer in Bergen County to learn more.

What happens if my ex leaves the state with my child?

For shorter moves within the state of New Jersey, custodial parents likely won’t need to obtain permission from the non-custodial parent. However, if the non-custodial parent still has legal custody of the child, the custodial parent must obtain permission to move away. If they refuse the move, they will have to gain permission from the court.

Will the court let me move out of state with my child?

Courts will consider several factors when determining whether they’ll grant a custodial parent to move away with their child. Just some of those factors are as follows:

  • The bond the child shares with each parent
  • The reason the custodial parent is looking to move away
  • The reason the non-custodial parent opposes the move
  • How the move would impact the current child custody agreement
  • Whether the move would act in the child’s best interests, such as by providing social, educational, or economic opportunities (e.g. the parent got a much higher-paying job out of state that will allow him or her to better provide for the child)
  • The child’s preference, in some cases

Ultimately, courts will consider any factor they deem relevant to the case and will only approve of an out-of-state move if they believe it will work in your child’s best interests. For further questions about how we can ensure your child’s best interests are realized, simply give our Bergen County family lawyers a call today.

Contact our experienced New Jersey firm

We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate and knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years. We know we have the experience needed to do the same for you. For experienced legal counsel regarding family law, litigation, business law, real estate, and criminal law, you know where to turn–contact Aronsohn, Weiner, Salerno & Kaufman today to schedule a consultation.

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