Moving Out of State With Your Child

Moving Out of State With Your Child

Even if you are the custodial parent, the law can prevent you from moving to a different state with your child. The law protects the right of both the custodial and non-custodial parent to spend time with a child. Moving out of state often—but not always—creates a significant barrier to parenting time (i.e. visitation) regarding travel time and other logistic measures. For this reason, the custodial parent cannot move out of state with the child without first getting permission from the non-custodial parent or getting a court order. If you do relocate with your child without permission or a court order, you can be charged with visitation interference.

If the non-custodial parent gives you his or her consent, get the consent in writing and notarize it. This provides some extra legal protection. If the non-custodial parent does not give his or her consent, you will have to petition the court for a court order granting you permission to relocate with your child. If you are asking the court for permission, you need to provide evidence that the move is in your child’s best interests and provide a proposed parenting time schedule taking into account the move. You must also show that the move would be made in good faith, which means you aren’t doing it in spite or revenge but rather to provide your child a better life or be closer to family. Getting a court order to relocate can be difficult, so it is advised you consult with an experienced New Jersey child custody attorney if you are thinking of moving.

If you are planning to move within the State of New Jersey, you might not need to get the non-custodial parent’s permission. As long as the move wouldn’t be considered a change in circumstances that would warrant a modification of the custody and parenting time order, you typically won’t need a court order for an intrastate move.

Relocating with your child can be fraught with red tape, even if it is what’s best for you and your family. If you want to move out of the state with your child, consult with an experienced New Jersey child custody attorney. An attorney can explain your rights and responsibilities as a parent and advise you on what you need to do to get approval to relocate with your child.


If you are looking for compassionate legal defense in New Jersey, the Williams Law Group, LLC can help you. Our skilled child custody attorneys can help get a custody order and will defend your rights every step of the way. Located in Union, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 810-1083, email us at, or contact us through our confidential online form to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child custody attorney.


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