DiLorenzo & Rush | Counselors of Law
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Relocation and child custody modification

On Behalf of | Mar 22, 2024 | Family Law

Life can be unpredictable. When getting married, the last thought on your mind is the union ending in divorce. Similarly, when a child custody agreement is established during the dissolution process, you do not expect major modification to be necessary.

A move is not always predictable or on your anticipated timeline. However, relocation could be due to a new job, the need to care for an ill loved one or other similar situations. Moving is an emotional life event; however, when there is a custody order in place, it can feel challenging because you simply cannot take your child and move.

Relocation and child custody

There is a process in place for parents seeking to relocate out of the jurisdiction where the custody agreement was approved. At DiLorenzo & Rush, our law firm understands that it can be difficult to go through a family law process again. This is why our experienced attorneys take the time to help our clients fully understand the process, their rights and what options they have when it comes to obtaining a favorable result.

In New York and New Jersey, a parental move is considered a substantial change in circumstances. Whether you have joint custody, are the custodial parent or only have visitation rights, it is important to establish how relocation will impact your custodial rights.

Custody modification process

To relocate with your child or children, the custody order must be modified. To initiate this process, the parent seeking to move needs to file a motion to relocate in order to obtain court approval. This is not automatic, as the other parent has the right to oppose the motion. If there is a disagreement, then the matter may require negotiations, mediation or even litigation to resolve the matter.

Your ability to relocate can be dependent on the decision of the family court. Because your custodial rights are important and you do not want to lose time with your child, it is important to understand your legal rights and your options to protect them. A legal professional can help guide you through the process and ensure the best interests of your child are met.