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How is Child Relocation Settled After a New Jersey Divorce?

The process of divorce separates two lives that were once brought together. When this happens, spouses may be presented with different opportunities that change their lives. Sometimes, this change may require them to move. This can cause further complications if the individual shares a child with their former spouse. In most cases, a parent wants their child to move with them. However, this usually requires court approval. To learn more about this process, continue reading and contact an experienced New Jersey family law attorney.

How do Courts Grant Child Relocation?

It is important to know that parents who simply wish to relocate to another part of New Jersey usually do not need court approval in order to do so. However, if they wish to move out of the state with their child, one of two things must happen. They either need the approval of the former spouse to relocate with the child or they must obtain court approval to do so. In the event that a former spouse contests the move, an attorney can help prove that the move is necessary and in the best interest of the child. 

What Factors are Considered by the Court?

In order for the courts to determine if they should grant relocation, they consider various factors. This can include the following:

  • Moving closer to the child’s extended family so they  can benefit from those relationships
  • Requiring immediate or crucial medical attention
  • Protecting your family from a dangerous environment or former spouse
  • Moving in with a new spouse
  • Getting a new job or attending college, university, or getting a higher education to benefit theirs and the child’s financial situation

What is a Best-interest Analysis?

When dealing with divorce and family matters, the court is required to act in the best interest of the child when making a decision. To determine what is in the child’s best interest, they will conduct an analysis. This involves the consideration of the following factors:

  • The reason for moving, as well as the former spouse’s reasoning for protesting the move
  • Whether the child is entering their senior year of high school
  • Whether the move will benefit the child’s overall situation, providing advantageous educational, economical, or social circumstances

Contact our Firm

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