After a divorce, many people look for a fresh start. This may include moving to a new state, or even country. But, if you share custody of your child, relocating may be more difficult than you realize. Read on to learn more about the process.
How is Custody Determined?
When determining custody, a New Jersey court may consider the following:
- The parents’ ability to communicate, cooperate, and agree regarding matters of the child
- The parents’ willingness to accept custody and any unwillingness to allow parenting time
- The relationship of the child with their parents and siblings
- Any history of domestic violence
- The safety of the child and the safety of one parent from another
- The preference of the child when of sufficient age
- The child’s needs
- The stability of the home environment
- The quality and continuity of the child’s education
- The fitness of both parents
- The geographical proximity of the parents’ homes
- The parents’ employment responsibilities
Physical vs Legal Custody
Your custody arrangement will play a large role in the relocation process. The two main forms of custody in New Jersey include:
- Physical custody
- Physical custody is awarded to the parent with whom the child will reside the most. Whoever is awarded physical custody will have the child for more nights of the week. In some cases, parents can work together to split the time evenly. This is referred to as joint physical custody.
- Legal custody
- Legal custody refers to the parent’s right to make important decisions regarding the child. These decisions may include choices about education, religion, and medical issues. Even if a parent does not have physical custody, they may still fight for legal custody. Legal custody may be awarded to one or both parents.
How is Relocation Determined?
It is important to know that when making a decision about relocation, the court is working to rule in your child’s best interest. In order to determine what is best for your child, the court may examine the following factors:
- The bond between the child and each parent
- The impact of the move on the child’s established relationships
- Social life
- The reasons for and against the move
- Other implications of the child and custodial parent moving
If you are interested in relocating with your child, contact our experienced firm today to discuss the process.
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.