Q: Kids mom is relocating out of state. Plans to take the kids with her. We share custody. What do I need to protect my ...
...my rights. We lived together and we are not married. Court has granted us shared custody.
A:
Hello and thanks for your question. You indeed have rights and please be rest assured that the court will honor them! I will do my best, here to give you some general advice about relocation, but I would suggest that you go and speak with a family law attorney who can give your really tailored information based on all your details.
In the most recent case, Bisbing v. Bisbing, the courts in New Jersey just made it a bit more difficult for parents wanting to relocate out of NJ with kids. Before, all they had to show was that the move was not harmful to the children and where they were going was at least as good as where they were leaving. Now, after this decision, the parent wanting to move has to show the court that the move is in the child's best interests, just like in a custody case.
You indicate that you share custody, but you don't mention if that is physical or legal or both. Regardless, mom cannot move without either your permission or the permission of the court after she proves to the judge that the move is really in your kids' best interests. The burden is on her to show this.
We always suggest working it out, if you can. And, if you are able to work out an agreement and you grant permission for the relocation, be sure that you get a LOT of parenting time with the kids, including big chunks of time over the summer school breaks and holidays. Again, consult with a family law attorney so you know how to proceed and what steps to take at this point. Many, like us, offer free consultations. Hoping this was helpful! Regards, Bari
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