How Can I Relocate With My Child After a Divorce in New Jersey?

child moving boxes

When former spouses move on from their divorce, they can experience great changes in their life. Sometimes, this may even require them to relocate, whether it may be to a different town, city, or state. While this can be exciting, it can also be complicated if the parent shares custody of their child with their former spouse. In these situations, parents usually do not want to move without their child. However, the other parent usually does not want their child to move away from them. Continue reading below to learn more about these situations and contact an experienced New Jersey family law attorney for help with your case.

How Does Custody Impact Relocation?

In a New Jersey divorce case, child custody determinations will be made. This includes both the physical custody and legal custody arrangements. While physical custody establishes the parent with whom a child lives and spends most of their time with, legal custody establishes the influence a parent has in the child’s life. This gives them the right to be involved in making decisions throughout their child’s upbringing. This can be for matters such as medical treatment, education, religion, and relocation. If a parent does not have physical custody of their child, they should still fight for legal custody. This is because it allows them to have a say in important matters, such as relocation. 

Relocation Laws in New Jersey

The New Jersey Supreme Court signed a new law in 2017 regarding relocating with a child. It required all courts to make decisions with the “best interest” standard. This means they must put the child’s best interests first, not either parent’s. When dealing with relocation, this requires the moving parent to prove relocation would benefit the child, despite moving away from the other parent. Before coming to a decision, the court will consider the following factors: 

  • The bond between the child and each parent
  • The impact of the move on the child’s established relationships
  • Education
  • Social life
  • The reasons for and against the move
  • Other implications of the child and custodial parent moving

Contact our Firm

We understand how emotional and difficult matters of family law can be. If you need the assistance of a knowledgeable attorney to help protect your right to your family, please do not hesitate to contact our experienced firm. We are eager and dedicated to helping you through this difficult time. Our personal injury specialists at Greenberg & Walden, LLC are standing by for a free initial consultation. Call us at 201-528-6928.

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