Sharing custody generally requires that parents see each other regularly. Even if they don’t need to talk during custody exchanges, they may meet up weekly or possibly even multiple times a week to exchange custody.
Doing so can become substantially more challenging if one parent intends to relocate outside of New Jersey with the children. While some states impose a presumption that a relocation is appropriate and beneficial in a shared custody scenario, New Jersey does the opposite.
Parents hoping to leave the state with their children while subject to a custody order generally need pre-approval to make that move.
What happens in a relocation scenario?
The parent hoping to move away with their children must provide the other parent with written notice about their plans. They may then need to negotiate a new division of parenting time based on the increased distance between parental households.
If the other parent is not cooperative and contests the relocation, then it may be necessary to ask a judge to review the matter. A judge must determine that there is a reasonable justification for the proposed move and that it is likely to be beneficial for the children. If they agree that the move is in the best interests of the children, they may modify the existing custody order to reflect the new address of the parent who intends to relocate. Understanding the unique state rules that govern contentious custody matters can help parents plan for the future. Adults planning to move with their children may need to begin the process well before the planned move might take place.