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May 2015 Archives

A Non-Custodial Parent's Relocation is Not Grounds to Modify Legal Custody

When a non-custodial parent relocates out of the state or the country, the likelihood is the parenting time schedule will be modified to accommodate the new location. Whether the legal custodial arrangement will change is not as certain. In the case of Costa v. Costa, ___ N.J. Super. _____, _____, (App. Div. 2015) (slip. op.), the custodial parent, Ms. Costa, sought sole legal custody due to difficulties in obtaining the necessary paperwork for the parties' children to travel abroad from the non-custodial parent, Mr. Costa, following his relocation to Brazil. Mr. Costa had no issue with the children traveling abroad and authorized the Court to issue any Order necessary to make this a reality but opposed a modification of the joint legal custody arrangement.