How Does Child Relocation Work in New Jersey?

Though divorce is something everybody wishes to simply put behind them, the truth is, after your divorce is finalized, your life changes. As your life changes, you may need to adjust the terms of your divorce agreement, especially if you have children. Fortunately, New Jersey courts allow parents to relocate with their children, as long as they are capable of proving that the move is absolutely necessary. Please read on to learn more about the legal process going forward and how our firm can help:

How does New Jersey conduct child relocation?

Those who are living in New Jersey presently and plan on moving within the state of New Jersey will not need court approval, in most cases. However, those moving out-of-state due to a substantial change of circumstances will need to prove so and obtain a court order. However, since this may trigger a modification to your child custody order, it is generally best to hire an experienced attorney who is capable of analyzing your personal situation and proving that your out-of-state move is necessary.

Why would a court grant out-of-state relocation?

As mentioned above, you will need court approval to move out-of-state with your child. Once you and your attorney submit a request to relocate with the family court and prove that your move is both valid and in your child’s best interest, you should be granted the right to move. Courts will consider several factors before granting you the right to move. Some factors that have granted individuals the right to move in the past are as follows:

  • Moving in with a new spouse
  • Requiring medical treatment
  • Significantly improving your child’s quality of life
  • Being closer to your extended family
  • Pursuing new employment or higher education

What is a best interest analysis?

New Jersey courts will very often conduct what is known as a “best interest analysis” to ensure your move is truly in your child’s best interest, as this is of the utmost importance to New Jersey courts. The courts consider various aspects of your life when conducting the analysis, including why you are moving, why your spouse opposes your move, the impact of your move on your children, and more.

Contact our experienced New Jersey firm

Before taking legal action, it is important to discuss your legal situation with an experienced attorney. Divorce means a significant change in your life, which is why you need a knowledgeable and compassionate attorney who can help make the transition go as smoothly and seamlessly as possible. If you need a knowledgeable attorney, please do not hesitate to contact The Radol Law Firm to discuss any divorce and family law matters you may be facing.