In your initial child custody case proceedings, the New Jersey family court may have granted you primary residential custody rights and your child’s father visitation rights. Even so, this may not give you the right to move your primary residence on a whim, especially if it is across state borders. Putting the legality of it aside, you must carefully consider how this abrupt move may impact your child’s well-being. That said, please continue reading to learn whether you can relocate your child without their father’s explicit consent and how an experienced Bergen County relocation attorney at McNerney & McAuliffe can help you take this action appropriately, respectfully, and legally.
What are a father’s rights in a custody case?
You must understand that New Jersey family law sees mothers and fathers as having equal rights and opportunities in a child custody arrangement. Gone are the days when societal gender roles were applied, in which it was generally assumed that, in a marriage, the mother stayed home to care for their children while the father worked to support the household financially.
Rather, it is highly likely that you and your soon-to-be former spouse have the same work hours and demands, made competitive financial contributions, and split childcare responsibilities evenly. For these reasons, the court may strive toward granting a joint custody arrangement. Based on the state’s “best interest of the child” standard, the court believes your child will benefit the most from maintaining a close relationship with both parents post-divorce.
Can I relocate my child out of state without their father’s consent?
In 2017, in Bisbing v. Bisbing, the New Jersey Supreme Court ruled to remove the presumption that a primary custodial parent can relocate with their child to another jurisdiction over the other parent’s objection. Now, the new rule holds that the court must apply the “best interest of the child” standard when considering a relocation request from a parent(s).
All of this to say, no, you cannot move your child out of state without their father’s consent or court permission. If you do, you may face serious legal consequences, such as the court modifying your standing custody arrangement to have your child’s father become the primary custodial parent.
So, it is worth putting the effort into filing a post-judgment modification with the court and proving you want to move to enhance the life you can provide for your child. That is, you assure the court that you are not just taking this action out of spite and to drive more distance between your child and their father.
Before this gets too much, please seek the guidance and counsel of a skilled Bergen County family law attorney from McNerney & McAuliffe. We will work to the best of our ability to minimize or eliminate this mess from your immediate worry.