Can I move out of state with my child if I have sole custody?
In New Jersey, a parent with sole custody of their child has the right to move out of state with their child. Before doing so, they must provide notification to any co-parent or guardian with visitation rights and, if necessary, apply to the court for permission. However, if the other parent objects to the move, there are several actions the court must take to determine if it is in the child’s best interests. The court may evaluate the parent’s reasons for wanting to move, the quality of the relationship between the child and the other parent, and the potential impact of the relocation on the child’s education, health, and relationships with other family members. If the court determines that the move is in the best interests of the child, the moving parent can make a request for a modification in the child custody order, specifying visitation schedules for the other parent. This ensures that the non-custodial parent can still maintain a meaningful relationship with the child. Ultimately, the decision of whether or not to move out of state with a child lies with the custodial parent. However, it is important to act in the child’s best interests and follow all court procedures to ensure that the transition is as smooth as possible.
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