Relocating After a New Jersey Divorce | What to Know

After a divorce, many parents find themselves wanting to move out of state for a fresh start. This can be difficult if you and your ex-spouse share custody of your child. Read on to learn more about relocating with your child.

Can I Move Out of State With My Child?

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. However, if you are looking to move a greater 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 New Jersey Courts Determine Relocation?

If you are looking to receive permission from the courts to move away with your child after a divorce, they will consider several factors. 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

If you are interested in relocating and your ex-spouse opposes the move, you will need the help of an experienced family law attorney. Reach out to our firm today to discuss the process with a skilled attorney.

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.