Can I Relocate With My Child After a Divorce in New Jersey?

After a divorce is final, the two former spouses can move on with their lives. This can lead to a variety of changes to take place. In some cases, these changes can require a former spouse to relocate either to a different town, city, state, or even continent. In the event that they have children with their former spouse, this can cause the move to become complex. This is because neither parent usually wants to be without their child. Continue reading below to learn more and contact an experienced New Jersey family law attorney for help with your case.

How Does Custody Impact Relocation?

During New Jersey divorce proceedings, child custody arrangements will be made. This establishes both physical and legal custody of the child. Physical custody determines the parent with whom a child lives and spends most of their time with. On the other hand, legal custody determines the influence a parent has in their child’s life. This allows them to be involved in making decisions regarding the child’s upbringing. This can be for matters such as medical treatment, education, religion, and relocation. If a parent does not have physical custody, it is important that they still fight for legal custody because it allows them to have a say in matters such as relocation. 

Relocation Laws in New Jersey

The New Jersey Supreme Court signed a new law in 2017 addressing child relocation. It requires courts to make decisions regarding children with the “best interest” standard. This means they must put the child’s best interests first in the case, not necessarily the interests of either parent. During this time, both parents can advocate for their side, whether they want to move or have the child stay. Before deciding, the court will consider the following factors: 

  • The bond between the child and each parent
  • The impact of the move on the child’s established relationships
  • Education
  • Social life
  • The reasons for and against the move
  • Other implications of the child and custodial parent moving

Contact our 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.