When spouses with children divorce, they have to work out a child custody agreement. However, in the months or years following the divorce, one spouse very often has a significant change of circumstances, requiring a move. If you are a custodial parent and have to relocate outside of New Jersey, there is a lot you need to know. Here are some of the questions you may have about the relocation process:
What constitutes a child relocation in New Jersey?
As a divorced parent in New Jersey, you will not, under most circumstances, have to obtain court approval to move within the state. However, if you are planning an out-of-state move, you can almost guarantee that New Jersey courts will not allow you to move without their (or the child’s other parent’s) consent. These moves very often trigger a modification to your overall child custody agreement, which is why New Jersey courts will very often require you to prove that the move is both absolutely necessary and in your child’s best interest.
If your former spouse opposes the move, you will have to hire an experienced attorney who has years of experience in granting parents and their children the relocation they need to live productive, positive, and safe lives together.
What factors do courts consider when deciding whether a child’s relocation is warranted?
Custodial spouses seeking to move out-of-state will need New Jersey courts to agree with their decision to do so. Some of the reasons for moving that New Jersey courts have granted parents in the past can include pursuing higher education or getting a better-paying job, requiring crucial medical treatment, moving closer to your child’s extended family, moving in with a new spouse, or trying to otherwise significantly improve the quality of your child’s life.
How do New Jersey courts use best-interest analyses?
As stated earlier, the most important thing to New Jersey courts is that the move is in your child’s best interest. Therefore, they will examine various facets of your situation, and the move itself, to determine whether this is the case. They will consider your reason for moving, your spouse’s reason for opposing the move, whether the move will provide your child with educational, social, or economic opportunities previously unavailable at your current place of residence, and more.
Contact our experienced New Jersey firm
We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.
