How do New Jersey Courts Determine Child Relocation?

Oftentimes, after a divorce is finalized, one parent has to move, for one reason or another. However, this move very often required court approval. If you find yourself in this situation, you must read on to learn more about how our firm can help. Here are some of the questions you may have regarding the child relocation process:

How do New Jersey courts determine whether they should grant child relocation?

Under most circumstances, if you are a New Jersey resident and parent and are seeking to move to another part of New Jersey, you will not need court approval. However, if you are looking to move out of New Jersey with your child, you will most likely either need your former spouse to agree to the move, or to obtain court approval. If your spouse contests the move, it is always best to hire an experienced attorney who knows how to prove that your move is entirely necessary and in the best interest of your child.

What factors do New Jersey courts consider when deciding whether a child relocation is justified?

Several different factors will come into play when determining whether they should grant you the ability to move with your child. Some of the factors that have permitted child relocations in the past are as follows:

  • Moving closer to your child’s extended family so he or she 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 you and your child’s financial situation

What is a best-interest analysis?

New Jersey courts will oftentimes conduct something known as a best-interest analysis to get a better understanding of why the move is in your child’s best interest. The courts may consider the following factors when conducting the analysis:

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

Contact our experienced New Jersey 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 moving out of your marital home during your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

Read Our Latest Blog Posts

  •  How Do I Protect My 401(k) In a Divorce?
  •  Does Child Support Cover School Lunches?
  •  What Should My Prenuptial Agreement Cover?