Custody is one of the most intense and difficult matters that come out of a divorce. Anytime children are involved, there is an added level of emotions. Unfortunately, one parent may have to face the realities of being the noncustodial parent and spending less time with their child than they once did. The custodial parent is required to obtain permission from the noncustodial parent in order to move out of state with the child. It is no surprise that the noncustodial parent may oppose the move in an effort to keep their relationship strong.
When there is a contested matter regarding the relocation of a custodial parent and child, the noncustodial parent may request the court’s intervention. The court will take a number of factors into consideration to determine whether the move is in the child’s best interest. Some of the circumstances that the court will consider include the following:
- 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 stability of the new home environment
- The distance between 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 or concerns about relocation in New Jersey, contact our firm today.
Our firm understands that so much of your future is on the line in matters of divorce, family law, bankruptcy, and estate planning. Before taking any sort of legal action, it is important to discuss your legal matter with an experienced attorney. Contact The Radol Law Firm to discuss any divorce and family law matters you may be faced with.