New Jersey Child Custody Legal Questions

If there is not already an order providing for custody and parenting time, and no pending custody or child support proceedings, technically there is nothing restricting you from leaving the state with your child. However, it is not recommended to do so, without his express permission or permission from the Court. If the non-custodial parent does not expressly consent to you moving out of state with your child, you must make an application to the Court. In order to be successful on an application to relocate out of state, you must demonstrate to the Court that (a) there is a good faith reason for the move and (b) that the move will not be inimical to the child's best interest. Pursuant to case law, Courts are to consider the following factors in deciding on relocation applications: 1. Reasons given for the move. 2. Reasons given for opposition. 3. Past history of dealings between the parties insofar as it bears on reasons advanced by both parties for supporting and opposing the move. 4. Whether child will receive educational, health and leisure opportunities at least equal to what is available here. 5. Any special needs or talents of the child that require accommodation. 6. Whether a visitation and communication schedule can be developed that will allow the non-custodial parent to maintain a full and continuous relationship with the child. 7. Likelihood that the custodial parent will continue to foster child's relationship with the non-custodial parent if the move is allowed. 8. The effect of the move on extended family relationships here and in the new location. 9. The child's preference. 10. Whether the child is entering his senior year in high school. 11. Whether the non-custodial parent has the ability to relocate. 12. Any other factor.... Read More

If it is just an agreement/contract out of court, it can only be modified by agreement of both parties. If it is an actual court order, you would have to file for a motion to modify which the grounds are proving a substantial change of circumstances. Or, you may simply want to file a motion for contempt if you want to keep the current terms but simply enforce it. You should consult an attorney or check online for some helpful NC do-in-yourself motion forms (check Mecklenburg county online as a start) but then still consult with an attorney to review and advise.... Read More