Things to know about a relocation child custody modification

After going through a divorce in the state of New Jersey, you may find that you would like to relocate. It’s not uncommon for at least one spouse to want to relocate after their divorce is finalized. Unfortunately, relocation isn’t as easy as just moving. You need to have a formal modification made to your child custody agreement.

Identifying the reason behind your move

When you file for a modification to your existing child custody agreement, you’ll need to provide the judge with a reason for the relocation. The presiding judge will take the reason behind your move into consideration when deciding whether or not to grant the modification to your custody arrangement. Moves tend to be classified into one of two categories: These include good-faith moves and bad-faith moves.

When a spouse files for a good-faith move, they’re moving to create a better environment for the child. This could be moving closer to extended family members who can help out with watching the child. A parent may also move to seek a better job, education or housing opportunity. When a parent moves due to bad faith, it’s typically to get revenge against their former spouse or to limit their ex’s ability to visit with the children.

Factors a judge will take into consideration

While the reason behind the move is one of the biggest factors that a judge will take into consideration when determining whether or not to approve a relocation modification to your child custody arrangement, it’s not the only one. They’ll also take into consideration how the change will affect your child’s day-to-day life. Depending on the age of your child, they may ask your child what their wishes are regarding where they want to live. In addition, the judge will take into account the distance of the relocation.

Wanting to move after getting a divorce is common, but those who have children must file for a modification to their child custody order first. A family law attorney may be able to help a parent get their modification approved prior to making a move.