If you are someone who was recently divorced, or you are looking to get divorced and you wish to relocate with your child, you may be tempted to simply up and leave. However, this is never a good idea, and there is a formal process that you must follow to ensure that you are abiding by the law. Failing to do so will almost certainly negatively affect your child custody agreement. Please continue reading and speak with our New Jersey divorce attorneys to learn more about relocation and the process ahead. Here are some of the questions you may have:
How do New Jersey courts decide on allowing a parent to relocate with their child?
If you are a New Jersey resident and you are looking to move, however, you wish to stay in the state of New Jersey, there is a chance that you will not require court approval, as you are not moving so far away from your former spouse that he or she cannot see your child regularly. However, when looking to move out of state, you will either need court approval or your spouse’s permission to move with your child. In many cases, former spouses do not grant this approval initially, which is why you need an experienced attorney on your side who can prove to the courts that you should be granted the relocation.
How will NJ courts decide on whether you should be granted a relocation?
Your child’s best interests will always be at the heart of their decision. However, the additional factors they will consider include:
- Whether you are moving closer or farther away from your child’s extended family
- Whether the move is due to requiring serious medical attention
- Whether you are looking to move in with a new spouse
- Whether you are moving because you received a new job that will benefit your family
- Whether you are moving because you plan on attending higher education to benefit your family
- Whether you are looking to move to a safer area
- Whether you are trying to move away from a dangerous spouse
What is a best-interest analysis?
To determine whether the relocation is actually in your child’s best interests, New Jersey courts will conduct a best-interest analysis, wherein they will question your reasoning for moving and your spouse’s reasoning for protesting the move. They will also consider whether your child is opposed to the move, and whether the move will benefit your child either economically, educationally, or socially. If this is your child’s last year at high school, for example, they may be less inclined to grant the relocation, as it would not benefit him or her socially. For any additional questions, give us a call today.
Contact our experienced Bergen County firm
At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.