It is devastating for many fathers when their ex-spouse moves out of state with their child. Even though the court may allow a move, it’s not necessarily in the child’s best interest. You know this all too well as a dad who must overcome financial and physical barriers just to see your kid.
It’s expensive to visit your child out of state or drive hundreds of miles for a custody swap. This makes it hard for some dads to maintain a positive relationship with their kids. This post examines an important question: is there anything fathers can do to minimize the cost of their travel expenses so they can spend more time with their kids?
When Can A Non-Custodial Parent Move?
A noncustodial parent who wants to move away from their child due to a new job or another opportunity should modify their custody arrangement with the other parent. If your arrangement is informal this may be an easy adjustment – just make your adjustments and get the new plan approved by the judge. However, you may have to give up time with your child if you cannot be in-state every other weekend (or whatever your custody arrangement dictates). If you have been following a court order for custody, you’ll have to hire a New Jersey child custody lawyer for fathers and head back to court to have it modified.
Do you have a great relationship with your co-parent? You may be able to arrange a new parenting plan that allows you to spend more time with your child during the summer or certain long weekends. Before you make this move, make sure you seriously consider whether it will damage your relationship with your child. Phone calls and the occasional visit may not be enough to maintain your connection.
When Can A Custodial Parent Move?
Custody cases where a parent wants to move out of the state with the child are usually very contentious. No dad wants to be separated from their child. Family law judges are generally hesitant to allow an out of state move when one parent objects. This is because it may be difficult for both parents to have frequent and continuing contact with their child – which is especially the case if your child would be moving outside of a reasonable driving distance.
If the move could be disruptive to your relationship with your child, you have every right to voice those concerns in court. Most judges want to create a New Jersey child custody order that is truly in the child’s best interest. However, don’t give up hope if the judge allows your ex to move; there are still many options for joint custody. Your New Jersey child custody lawyers may be able to negotiate for you to have your child during the summer, holidays, or even on weekends if your ex moves to a neighboring state.
Who Pays for Travel Expenses Due to the Custody Agreement?
If you are the noncustodial parent who has chosen to move to another state, your travel expenses are your responsibility. This includes gasoline, plane tickets, meals on the road, and any other expenses you incur traveling back to your child’s state. If your child is flying to visit you, expect to pay those expenses unless your co-parent offers to split the cost. Travel expenses for long-distance parenting are sometimes worked into a child support agreement if the custodial parent moves with the child since the noncustodial parent must go out of his way to see his kid. But if it was your decision to move away, the judge won’t grant you any financial aid.
If you would like to request repayment for your travel expenses due to your co-parent moving your child out of state, our child custody and visitation lawyers for men in New Jersey can help. This is considered an “extraordinary” request, but we’re prepared to build a solid argument to present to the judge. If the expenses of your child moving out of state are a burden, consider contacting a child custody attorney in New Jersey about recouping your costs.
