Townsend, Tomaio & Newmark is open for business and courts are open. Learn more by clicking here.

NEW: DIVORCE GUIDE
100 South Jefferson Road, Suite 200 Whippany | 
973-840-8970

Can I Relocate to Another State With my Child During the Coronavirus Pandemic?

Life has changed significantly since the beginning of the Coronavirus pandemic. As a result, people are still left trying to readjust. Many families are looking out for their children to ensure they are safe, but what does this mean for families of divorce? When parents share custody of their children, how do they proceed?

While living under stay-at-home orders, there are many parents who wish to take their child to a particular location where they can remain safe. However, when this location crosses state lines out of New Jersey, this cannot simply be done on a whim. It is important to keep state relocation laws in mind during this time. Continue reading below to learn more.

What are New Jersey’s Relocation Laws?

When a parent wants to relocate with their child, the first step is to discuss the matter with their former spouse/the other parent of the child. In situations of the Coronavirus, these discussions can involve discussing the severity of the situation and why you feel the need to relocate. In the event that the other parent disagrees, the matter may need to be settled with the assistance of the court. 

When a judge is brought in to make these decisions for a family, they do so following the “best interest standard.” This is required by the New Jersey Supreme Court as of 2017. Simply put, the best interest standard requires the court to rule based on what is best for the child, not the parents. If a parent wants to relocate with their child, they are required to prove that it would be in the best interest of the child despite the need to move away from the other parent. 

In order to reach a decision regarding these matters, the judge can consider various factors, 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

Contact our Firm

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