Relocating With a Child as a New Jersey Parent

After a divorce, life goes on. This means that very often, divorced parents will have to move, for one reason or another. Unfortunately, this is not always a simple process, which is why if you are seeking to relocate with your child, you must read on and reach out to our firm to learn more about how we can help. Here are some of the questions you may have about the relocation process in New Jersey:

What determines whether you can relocate with a child as a divorced parent in New Jersey?

If you are a divorced New Jersey parent and are seeking to move within the state, chances are, you will not need the court’s approval to do so. However, if you wish to move out-of-state, you will most likely not be able to do so without the court’s approval. Since such a move would most likely modify the terms of your child custody agreement, there is a very good chance that your spouse will try to contest the move, whether he or she has valid grounds or not. That is why it is always best you hire an experienced attorney who knows how to gather and assemble valuable evidence to prove to New Jersey courts that your move is both absolutely necessary and in your child’s best interest.

What factors contribute to a court’s decision?

As stated above, you will have to prove that your move is necessary and makes sense for both you and your child. Some valid reasons for a move that have granted court approval in the past are requiring medical treatment, protecting your family, obtaining a new job or receiving a higher education to better you and your child’s life, moving in with a new spouse, moving your child closer to his or her extended family, and more.

What is a best-interest analysis?

As your child’s best interest is of utmost importance to New Jersey courts, they will consider several facets and aspects of your life before allowing you to relocate out-of-state. Some of these factors are as follows:

  • Whether your child is of the maturity to have a valid preference either way
  • Your reasoning for the move, and your former spouse’s reasoning for opposing the move
  • Whether the non-relocating parent has the financial means to relocate if he or she wanted to
  • Whether your child’s overall quality of life will be improved by the move

Contact our experienced New Jersey 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.