Relocating to a Different State And Child Custody | Callagy Law

Watch this video to learn about relocating to a different state and child custody. Then call Callagy Law for a free legal consultation.

Question:
Can I relocate to a different state if I have sole custody of my children?

Answer:
A lot of times when we have clients come in with custody issues, particularly if they have sole custody of their children, they may want to move out of state. First of all, there needs to be a discussion about sole versus joint custody. Sole custody is a legal concept. Sole custody is really the decision-making authority with regard to the health, education, and welfare of a child, major decisions regarding a child. A person that has sole custody usually has the discretion to make those decisions, even over the objection of the other party. That’s different from joint custody. Joint custody is when both parties share in that decision-making in regard to the health, education, and welfare of their children. A person that has sole custody may come to us and say, “I have sole custody. I have sole decision-making authority over the health, education, and welfare and major decisions regarding our children, and I want to move to a different state. Can I just do that without the consent of the other party or without a court order?” The simple answer is no.

Moving across state lines without a court order to do so or without the consent of the other parent, even if you have sole legal custody of your children, is not going to be permissible. You’re going to have to go to court, you’re going to have to prove to a court that it is in your children’s best interest that you relocate to another state, and you’re going to probably, in all likelihood, have to do that over the objection of the other parent. If the other parent consents, then you can go. You enter into a consent order, you relocate, and you go. If the court orders it, allows it, or permits it after you have a hearing, then you’re allowed to go.

The relocation issue is complicated, and there’s going to be a lot of fact-specific analysis that goes into that. Where do you want to move? Why do you want to move there? Is it in your children’s best interest to move there? Is it better than where you are now? Are the schools better? Is the environment better? Is the crime ratio better? Is the quality of life going to be better? A lot of things are going to go into that consideration.

A lot of times, there’s going to be an expert appointed. You’re going to have a psychologist or a licensed clinical social worker come in and interview everybody, and compare the two locations and say, yes, it really is in the best interest of the kids to move. More importantly to this is what’s going to happen to the relationship with the parent that’s staying in the state of New Jersey? How often are the kids going to see them? Are you going to be able to come up with a parenting time plan where the parent staying in New Jersey still has an immense amount of access, contact, and communication with the children? That relationship with the other parent that is staying in the state of New Jersey is critically important, and the courts are going to consider that. If the move or the relocation is going to damage that relationship irreparably, and the relationship between the children and that parent is not going to be the same and it’s going to be damaged, then there’s a strong likelihood you may not be able to relocate.

It’s a very fact-specific issue. Just because you have sole custody of your children doesn’t necessarily mean you’ll be able to relocate. If you have any other questions regarding custody or relocation, please call us at Callagy Law. Contact our family department. We have these cases a lot. We’ve been through this and we can help answer your questions.