Q: could moving to a different state and changing the custody schedule be construed as child abandonment.
current custody schedule is one week on one week off. Both guardians live in the same state. One will relocate for a job out of state.
A: Both parents / guardians for a child live in NJ and share physical custody of the child equally and now 1 parent / guardian wants to relocate out of state and change the custody / parenting time plan - does the other parent / guardian agree to the other parent / guardian moving out of state and if so, what is the new plan? If there is a disagreement over the move / change in custody / parenting time plan, then you need to meet with an experienced divorce lawyer to discuss the law on relocation / change in parenting time plans. A parent / guardian cannot simply relocate out of NJ with a child without a court order or written consent of the other parent / guardian to the move and a written agreed upon parenting time / custody agreement in hand as well once the move occurs.
A: Thank you for your question. As a general rule, a parent cannot move out of the state with a child unless both parties agree in writing or the parent is authorized to move out of the State by the Court. Relocation is a very fact-sensitive question and I highly recommend that you schedule a consultation with the attorney so he/she can more thoroughly review your question with additional information on your case.
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