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

When a person’s life moves on after a divorce, they are often presented with life changes and new opportunities. Sometimes, this may require them to move. When this happens, a parent usually wants to bring their child with them to wherever they go next. However, it is important to know that the child’s other parent may have their own parental rights and oppose the move. When parents disagree on what is best for their child, they may need the assistance of the court to settle the matter. During this time, it can be beneficial to retain the services of an experienced attorney. 

Relocation Laws in NJ

In 2017, the New Jersey Supreme Court revised the law regarding child relocation. This new law stated that courts within the state are required to rule with the “best interest standard.” This means that the decision is made based on what is best for the child, not what either parent wants. When a parent wants to relocate with their child, they must prove that it is in the child’s best interests, despite moving away from their other parent. When deliberating, the judge considers different factors about the family, including the following:

• 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

Why Would the Court Grant a Relocation?

When a spouse wishes to move out-of-state with their child, they are required to get the approval of the court. This begins by submitting a request with the family court to relocate with the child. In doing so, the request must include proof that the move is valid and in the child’s best interest. Some reasons as to why a relocation may be approved by the court can include the following circumstances:

• The parent is moving in with a new spouse
• The parent wants to be closer to their extended family
• The parent is pursuing new employment or a higher education
• The parent wishes to significantly improve the child’s quality of life
• The parent wants to protect their family
• The parent requires medical treatment

It is important to know that, regardless of the reasoning, a request for relocation can be refused. It is because of this that it is crucial for parents to retain the services of a skilled attorney when facing these matters.

Contact our Firm

If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.