After a divorce, many spouses simply wish to move away with their child, for a wide variety of reasons. However, child relocation is not always a simple issue, which is why if you are looking to relocate with your child, you must continue reading and speak with our knowledgeable Red Bank family law attorney to learn more about child relocation and how our firm can help you. Here are some of the questions you may have:
Can I move away with my child after a divorce in New Jersey?
If you are looking to move away with your child, it depends on how far you are looking to move. For example, if you plan on simply moving 20 minutes away, in most cases, you will not have to receive court permission to do so, as this will most likely not adversely impact your initial child custody agreement. However, if you are looking to move a great distance away, or even out of state, and you jointly share custody of your child, you will either have to receive permission from your spouse to move away, or you will have to receive court permission if your former spouse does not grant you permission him or herself.
How do courts determine child relocation after a divorce?
If you are looking to receive permission from the courts to move away with your child after a divorce, they will consider several factors, though their primary concern is going to be whether the move is in your child’s best interests. If they determine that moving away would benefit your child emotionally, socially, economically, or educationally, there is a good chance they will allow you to move away. However, they will also consider your reasoning for wanting to move away, as well as your former spouse’s reasoning for opposing the move. Additionally, New Jersey courts will consider the following factors:
- Whether you are moving to bring your child closer to his or her extended family
- Whether you are moving to escape a dangerous neighborhood or a dangerous ex
- Whether you are moving because you recently received a higher-paying job
- Whether you are moving because you want to attend higher education to benefit your family financially in the long run
- Whether you are moving because you want to get your child into a better school
- Whether you are moving in with a new spouse or partner
- Whether this is your child’s senior year in high school
- Any other factor the court deems relevant
Contact our experienced Red Bank firm
Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, please do not hesitate to contact The Law Offices of George J. Mardinly to schedule a consultation.