Understandably, once your divorce case is finally closed, you may want to move on with your life and embark on a fresh start. Personally for you, this may entail changing up your scenery and possibly moving outside the state of New Jersey. But you cannot simply pick up and go whenever you so please, especially if you were appointed the custodial parent over your child in your finalized child custody agreement. With all these things to consider, please read on to discover how relocation might affect your custody arrangement after your divorce and how a seasoned Bergen County relocation attorney at McNerney & McAuliffe can help you do this appropriately.
How does relocation affect my custody arrangement after my divorce?
Even though it may be a difficult decision to relocate, you may be firm in your belief that you are making the right one. However, you may carry the burden of proving to the New Jersey family court that this relocation is equally in your child’s best interest. For example, you may argue that your move is for a job position that can better support your child financially. Or, your move is to an area where the school system is more credible for your child’s sake.
If you can do so successfully, the court may proceed to modify your existing child custody arrangement accordingly. However, please be aware that this modification may entail switching your custodial parent role to a noncustodial parent role. This may be if the court finds it would do your child a great disservice to have them switch school systems and cut extracurricular activities in the middle of the school year, as an example. Or, to disrupt your child’s relationship with their other siblings and step-siblings or extended family members.
What happens if I relocate my child without court permission?
You may first attempt to discuss your potential relocation with your child’s other parent. If they agree that it is aligned with your child’s best interest, you may ask that they sign a consent order to submit to the New Jersey family court. But if they disagree, you may move forward with a formal relocation petition.
You must not relocate your child with you while your case is still pending or if the court ultimately denies your request. This is because there are serious legal consequences if you do. For one, you may be held in contempt of court, which is associated with fines and possible jail time. Arguably worse in your eyes, you may lose custody or visitation rights of your child temporarily or indefinitely.
There is no need to remain hesitant when you have a competent Bergen County family law attorney on your side and supporting you. So please inquire with us at McNerney & McAuliffe at your earliest possible opportunity.