There are few things more important to a parent than their child, which is why child custody is oftentimes such a hot-button issue when a couple gets divorced. That being said, after a divorce is settled and child custody terms are set, it is not uncommon for the custodial parent to wish to move away with their child. However, if the move is out of state, it can potentially complicate matters. Please continue reading and speak with our experienced New Jersey family law attorneys to learn more about child relocation cases in New Jersey. Here are some of the questions you may have:
Am I allowed to move away with my child after a divorce?
As the custodial parent, you can usually relocate with your children within the state of New Jersey. However, the distance from the other parent will be relevant to determine whether the move is permissible. However, if you are looking to relocate out of New Jersey, you will need either the non-custodial parent’s approval or you will need to seek the approval of the court by filing a motion to request relocation. To gain such approval, you will have to prove that the move would be in the child’s best interests. Our firm is here to help.
How are relocation cases decided in New Jersey?
As you can imagine, oftentimes, it is not easy to prove that taking a child out of school and moving to another state away from a parent, and possibly away from other family members, is in his or her best interest. Courts in New Jersey will consider the following factors when deciding whether to grant a request to relocate with children:
- the parents’ ability to agree to communicate and cooperate in matters relating to the child;
- the parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;
- the interaction and relationship of the child with its parents and siblings;
- the history of domestic violence, if any;
- the safety of the child and the safety of either parent from physical abuse by the other parent;
- the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision;
- the needs of the child;
- the stability of the home environment offered;
- the quality and continuity of the child’s education;
- the fitness of the parents;
- the geographical proximity of the parents’ homes;
- the extent and quality of the time spent with the child prior to or subsequent to the separation;
- the parents’ employment responsibilities; and
- the age and number of the children.
Whether you are looking to move away with your child or you are currently opposing a move, you can depend on us. Give our legal team a call today.
Contact our experienced New Jersey firm
We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate, knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years, which is why we know we have the experience needed to do the same for you. For experienced legal counsel regarding family law, litigation, business law, real estate, and criminal law, you know where to turn–contact Aronsohn, Weiner, Salerno & Kaufman today to schedule a consultation.