When parents in New Jersey get divorced, one of the spouses often gets a bit more parenting time than the other simply because of how the custody arrangement worked out. The parent that spends more time with the child is referred to as the custodial parent. Of course, both parents are legally obligated to abide by the custody agreement that was made. One of the issues that frequently arises is that the custodial parent may decide that they would like to move out of New Jersey, which can have a major impact on the other parent’s ability to continue seeing the child and maintaining the custody arrangement. If the noncustodial parent opposes the move, the matter may end up in court. The custodial parent will be responsible for proving to the court that relocation is in the best interests of the child using supporting evidence.
Some of the factors that the court will consider when determining the child’s best interests include the following:
- The parents’ ability to cooperate and communicate regarding the child’s life
- The parent’s ability to accept custody and any history of unwillingness to allow parenting time
- The impact of the move on the child’s relationship with his or her parents and siblings
- Any history of domestic violence
- The safety of the child and custodial parent from the other parent
- If of age, the preference of the child
- The child’s needs
- The age and health of the parents
- The quality of education in the new environment
- The stability of the new home environment
- The distance between parental homes
- The age and number of children
- The quality and extent of time spent with the child before or subsequent to the separation
- The custodial parent’s new job responsibilities
If you have questions about relocation, contact us today.
Paris P. Eliades Law Firm, LLC is a divorce and family law firm serving clients in Sussex, Morris, and Passaic County and throughout New Jersey. Our firm is proud to provide clients with compassionate, quality legal services. Contact our office today for a free initial consultation.