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Relocating with My Child After a New Jersey Divorce

The life for a parent after a divorce can present new life situations. This can include job opportunities or family obligations. Sometimes, this may require the individual to move away from home. When this happens, the parent usually wants to take their child with them, causing some strain on the custody agreement with the other parent. This may be the case if the other parent has their own parental rights and opposes the move. Parents who disagree about what is best for their child may need the court to settle the matter. In these situations, it can be helpful to retain the services of an experienced attorney to protect your family. 

Relocation Laws in NJ

The New Jersey Supreme Court revised child relocation laws in 2017, now stating that courts are required to rule relocation cases with the “best interest standard.” This means any decisions made by the judge is made based on what is best for the child, not the wants of either parent.  It is because of this that the parent who wants to relocate with their child must prove that it is in the child’s best interests to do so. When presented with the case, the judge will then consider the following factors regarding the family:

  • 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?

Parents who want to move out-of-state with their child need the approval of the court to do so. This can be done by submitting a request with the family court to relocate which includes proof that the move is valid and in the child’s best interest. Some reasons that may be presented to the court to ask for a relocation can include the following:

  • 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 understand that a request for relocation may not always be granted, no matter what the reasoning is. This is why parents should contact a skilled attorney during this time.

Contact our Firm

If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.

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