Are You Divorced And Looking To Relocate To Another State With Your Children

In New Jersey, when a Court considers a divorced party’s application to relocate out of state with their children, various factors are considered. At the outset, the party desiring to relocate must demonstrate that he or she has a good faith reason for the proposed move out of state. And, the moving party must show that the children will not suffer from the relocation. The following twelve (12) factors were set forth by the New Jersey Supreme Court in Baures v. Lewis, 167 N.J. 91 (2001):

•1) Reasons given for the move;

•2) Reasons given for the opposition to the move;

•3) Past history of dealings between the parties as it bears upon the reasons advanced by the parties for supporting and opposing the move;

•4) Whether the child will receive educational, health and leisure opportunities at least equal to what is available in New Jersey;

•5) Any special needs or talents of the child that require accommodation and whether such accommodation or its equivalent is available in the new location;

•6) Whether a visitation and communication schedule can be developed that will allow the non-custodial parent to maintain a full and continuous relationship with the child;

•7) Likelihood that the custodial parent will continue to foster the child’s relationship with the non-custodial parent if the move is allowed;

•8) Effect of the move on extended family relationships here and in the new location;

•9) If the child is of age, his or her preference;

•10) Whether the child is entering his or her senior year in high school at which point he or she should generally not be moved until graduation without his or her consent;

•11) Whether the non-custodial parent has the ability to relocate;

•12) Any other factor bearing on the child’s best interest.

As such, there are various factors considered by the Court in a relocation application along with a determination of what is in the child’s best interests.