Resolving a divorce case can be one of the most difficult things you will do, mostly because in some ways, it requires you to predict the future. The terms and conditions of your divorce agreement (assuming you settle your case), will be binding on you for years, and possibly, forever. Yet the future is something none of us can see.
Relocation Happens
One thing that often happens, that we sometimes do not anticipate at the time of the original divorce, is the need to relocate, when the parents have shared custody of children. You may have no intention of ever moving away right now, but a new job, a new significant other, financial considerations, illness of family members, and other unanticipated events can often mean we need to move away—sometimes, far away.
When there are kids involved, that can mean a lot of fighting between the parents, as the spouse who is remaining understandably will resist having the kids be moved out of the city, county, or state. Aside from the personal reasons, the non-moving parent may have concerns of how the relocation will affect the kids.
The Relocation Agreement
That is why when you divorce, and you are negotiating a marital settlement agreement, you may also want to include a relocation agreement.
A relocation agreement dictates when a party will be able to move, how far away will be considered relocation, and what will happen with the kids when relocation is needed. It may even set parameters or objective standards, to see if a party is allowed to relocate.
A relocation agreement can reduce the chances of fighting between parents, when a relocation is needed, and can give all parties a solid knowledge of what they can, and cannot do.
Court is the Final Authority
However, a relocation agreement is not always determinative; ultimately, it is the court that must dictate when children can be relocated, because relocation must be in the best interests of the child. This is especially true if circumstances have been changed since the relocation agreement was entered into.
The court will look at how well the parties communicate with each other, and how likely the party seeking to relocate with the kids will be to foster a meaningful relationship with the nonmoving parent. Parents who alienate the kids, or try to prevent the other spouse from having time sharing or custody or visitation, will often be denied the right to relocate. If the kids are old enough their stated, subjective desires will be considered as well.
The court will look at the children’s needs, and their connection to where they are. If the child’s best interests are contrary to what was agreed to in the relocation agreement, the court can ignore the agreement.
Question about custody or relocation in your divorce, or after your divorce is over? Contact our New Jersey family law and child custody attorneys at The Law Office of Agnes Rybar LLC today.
Sources
https://www.divorcenet.com/states/new-jersey/child-custody-relocation.html
https://www.findlaw.com/family/child-custody/child-custody-relocation-laws.html
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