Can I Relocate With My Child After a Divorce in New Jersey?
If you are someone who is looking to relocate with your child after a divorce, you are most likely wondering about how you can legally do so in the state of New Jersey. Of course, it is illegal to simply pack up and leave with your child, especially if you plan on moving a great distance away from your child’s other parent. That being said, if you do plan on moving far away for a long period of time, and the child’s noncustodial parent will not be able to see his or her child as frequently as a result of the relocation, you must understand that there is a process that you will most likely have to go through before relocating.
Of course, first and foremost, you should simply ask your former spouse if he or she would consent to your relocating. However, if he or she does not permit the relocation, you will have to obtain permission from New Jersey courts to relocate with your child. Depending on the circumstances of your case and the relationship you have with your former spouse, as well as the relationship he/she has with your child, your case may proceed relatively quickly, or it may go so far as to end up in the appellate courts. Regardless of your circumstances, you need an experienced team of New Jersey family law attorneys on your side who have experience bringing cases to the NJ Appellate Division and the NJ Supreme Court and who are prepared for anything your former spouse tries to throw our way. Please continue reading and speak with our firm to learn more about the relocation process in New Jersey.
What is relocation exactly?
In New Jersey, relocation is when the parent with physical custody of a child moves someplace that is usually far away enough that it will make it difficult for the other parent to see his or her child. This does not have to be an out-of-state move, however, it oftentimes is. In August of 2017, New Jersey law was changed regarding relocation, and now, the primary standard for granting relocation is whether the move would be in the best interest of the child.
What do NJ courts consider when examining relocation cases?
New Jersey courts will consider a wide array of factors when determining whether your move will be in the best interest of your child, including the following:
- Why the other parent is opposing the move
- Why you are looking to move
- The bond your child has with both you and his or her other parent
- Whether the move will affect your child’s established relationships, education and social life
- Any other factors the court deems relevant
If your former spouse contests your request to relocate, the court will often appoint a mental health professional to evaluate your family and help the court decide on whether or not you can relocate with your child. This may sound excessive, however, it is often the case, which is why you need an experienced Chatham family law attorney at your side who can fight for your rights and your child’s best interest.
Contact our experienced New Jersey firm
If you are considering a divorce and need an attorney who can effectively represent you through every step you can count on Lazor Rantas, PC. We proudly serve clients throughout New Jersey as they navigate divorce and family law matters. To discuss your case with an experienced legal team, contact Lazor Rantas, PC today.