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. Read on to learn more about the process of relocating with your child after a New Jersey divorce.
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.
How is Relocation Determined?
When making a decision about relocation, the court will consider the following factors:
- Whether you are moving to live with a new spouse
- Whether you are now pursuing higher education or a new job
- Whether you are moving to significantly improve the quality of your family’s life
- Whether you are moving to keep your child or family safe
- Whether you need dire medical treatment
- Whether you wish to move closer to your extended family
- Whether your child has a preference, if he or she is mature enough to make that decision
- Your reasoning for the move, or your former spouse’s reasoning for opposing the move
- Whether your former spouse is capable of relocating as well
- The opportunities available for your child in the new location
- How the move will overall affect the quality of your child’s life
If you are interested in relocating with your child after a divorce in New Jersey, you will need the help of an experienced family law attorney. Reach out today to speak with a skilled attorney.
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