Any divorced parent moving out of state may have different reasons for changing their place of residence. If they aim to take kids with them, the other parent may be against such a decision. Disagreement on moving out of state after divorce with a child is one of the common disputes ex-spouses face.
Can a custodial parent move out of state? It depends on several factors. If a custodial parent moving out of state receives the necessary permission, the answer will be affirmative. Can a parent move a child without permission? It is not allowed by law; the other parent or the court must permit the relocation.
Referring to the current legislation, in this article, we will provide information that will help you find answers to the questions, “Can I move out of state with my child, and how to do it legally?”, “Can I move out of state with my child without father’s permission?”, etc.
What Are the Laws Around Child Custody Relocation?
Whether a divorced parent will be able to change the place of living mostly depends on local laws on moving out of state, child custody conditions, and the agreement of ex-spouses. As a general rule, the noncustodial or partial custodial parent can depart from the state without a child at any time. Custodial parents cannot leave the state to move permanently on their own until they change their custody arrangements. They also cannot relocate with their children before they get permission from the other parent.
In New Jersey, most couples receive joint custody after divorce. It means that each parent should spend time with children. Moving out of state with joint custody is strictly regulated by the current legislature, which establishes obligations for parents planning to move, such as obtaining the consent of the other spouse and changing the parenting plan.
Until 2017, to move out of state with kids, a parent had to prove a valid reason for that and that their departure would not negatively affect the child’s life. Currently, it is not enough; under NJ Rev Stat §9:2-2, children cannot be forced to move against their will if their age is sufficient to make such decisions. Also, one parent must permit the other to relocate with children.
Can a parent take a child out of state without the other parent’s consent? If their ex does not agree to the child’s relocation, the court can grant the permission to move. This rule applies to all children born in New Jersey or living there for at least 5 years.
The judge will allow or prohibit moving out based on the children’s best interests, which is the main factor when determining the child custody terms. According to NJ Rev Stat §9:2-4, the list of decisive factors may include:
- The ability of parents to reach an agreement.
- Relationships of children with each parent and other relatives.
- The amount of time children will spend with their parents.
- Children’s safety and needs.
- Age of children, etc.
So, when can you legally move out? If you are a custodial parent, you can do so only after obtaining permission.
What Are the Requirements for the Relocating Parent?
New Jersey recognizes different types of custody; it can be sole, joint, or other arrangements ordered by the court. If spouses are cooperative, they can decide on the terms of custody and divorce independently; if not, the court will make the custody decisions. The same concerns the conditions when a single parent can move out of state after a divorce.
When can you legally move out? No matter what type of child custody you have, you need permission to move to another state. In case your spouse does not object to your relocation, their permission will be sufficient; otherwise, you will need to go to court.
How far can a parent move with joint custody? Either parent can move with the child within the state without obtaining permission, provided that they do not violate the terms of the Parenting Plan.
Can a parent take a child out of state with joint custody? Yes, but only with a consent. To get it, the parent who plans to leave must discuss their relocation with the other parent and take care of changing the Parental Plan if necessary. If the other party does not agree and the case is taken to court, they will also need to inform the judge about the reasons for moving out and provide information about how the child will live in a new place. The court must ensure that changing their residence is justified, meets the interests of children, and will not harm them.
The reasons for leaving for another state may be different. It can be getting a new job, the need to take care of relatives, the necessity to change the climate due to health issues, etc. Usually, the ground for relocation is not the decisive factor for getting a spouse’s or court’s permission. The primary concern is that the children’s living conditions will not be negatively affected.
If you wonder, “If I have full custody, can I move out of state?” you should remember that you will still need permission from the other parent or the court even when you have sole custody. The only exception can be the situation when your ex dies, neglects their duties, or is deprived of parental rights.
Creating a Long-Distance Parenting Plan
If parents aspire to co-parenting, long distance between them will not be an obstacle. However, the modification of the Parenting Plan that was concluded during the divorce may be mandatory.
It can be explained by the fact that while parents lived nearby, each could spend enough time with their children. After one of them moves and the distance between them increases, they have to modify the plan accordingly.
They will require a new, long-distance Parenting Plan. It is similar to a traditional one but may include additional agreements. For example, parties must determine a precise visitation schedule and meeting options.
If parents can reach an agreement, and one parent permits the other to move, they can discuss the preliminary divorce parenting plan, make the necessary changes, and submit a new version to the judge for signature. In cases when parents have disputes, the judge will make a decision about changing the terms of the Parenting Plan.
If you are moving out of state, you may need to include the following details in your new plan:
- Who will bring and take away the children to another state.
- Who will pay the travel expenses.
- How the children will communicate with a parent who lives separately.
- Which birthdays and holidays the children will spend with each parent.
- How the arrangements will change if special circumstances arise.
The more detailed the new plan is, the fewer disagreements you may have in the future. Since the interests and needs of your children will change over time, your arrangements must be adjusted accordingly.
Can You Move Out of State During a Divorce Proceeding?
Sometimes, the need for one party to move to another state arises during the divorce process. If spouses have an uncontested case, have entered into a settlement agreement, and are waiting for the judge’s decision, and the other parent is not against the child moving, it is quite possible that leaving the state will not be a problem.
However, if the other parent does not agree to the child’s relocation, they can file a request for temporary orders with the court to prevent moving the kids until the divorce is granted. In most cases, even good reasons to relocate a child will not be able to change the temporary orders until the court issues the divorce decree.
If your spouse opposes the move or the court makes a temporary order, but you and your child move out of state, custody battles can intensify and have negative consequences for you. The other parent may accuse you of abducting the kid and get sole custody.
So, if you wonder, “Can I move out of state during a divorce?” note that it will depend on case-specific circumstances.
One parent’s moving out of state with children after a divorce is usually a highly contested issue. In most cases, you will not be able to leave the state without the permission of the court or the other parent.