Moving Out of State
Each year, an average of 40 million Americans move out of state. That’s about 14 percent of the nation’s population. Over a person’s lifetime, it’s expected that they’ll move around 11.4 times.
After a divorce, moving out of state with a child becomes more difficult. This is especially true when you and the other parent have a shared custody arrangement with your child(ren). Keep reading to learn about the laws surrounding relocating with a minor in New Jersey after a divorce.
Will a New Jersey Court Let me Relocate with my Child After a Divorce?
Parents may decide to initiate a move after a divorce. The laws in New Jersey require that parents get permission from either the other parent or the courts before attempting to make an out-of-state move. If you’re planning on staying in the state but it’s far enough away to alter the parenting plan, then you’ll still need to get permission.
If the other parent agrees, then they need to sign a consent order. If not, then you’ll need to file a motion with the court who entered into your original parenting agreement. You’ll have to plead your case as to why you should be allowed to move with your youngster.
Factors Courts Consider When Approving or Disapproving a Minor’s Relocation
In the past, courts in New Jersey strongly considered the rights of the custodial parent when determining whether a move was appropriate or not. Today, courtrooms focus more on whether the move is in the best interests of the child. Here’s a list of the types of factors New Jersey courts will consider:
- The parent’s ability to cooperate in matters involving the child
- Any history of domestic violence or abuse
- The interaction and relationship of the child with their parents and siblings
- The preference of the child
- The needs of the child
- The stability of the home in question
- The quality of the child’s education
- The fitness of the parents
- The parent’s employment responsibilities
- The age and number of children
- The extent and quality of time spent with the child prior to the separation
- How the relocation would interfere with the parent’s relationship with the child
During this examination, courts are expected to equally respect both parent’s right to spend time with the child.
Contact a Moorestown Family Law Attorney for a Consultation About Moving With a Child After Divorce in New Jersey Today
If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or equitable distribution, you need to speak with a qualified attorney. The New Jersey family law attorneys at Cordry Hartman, LLC, represent clients throughout New Jersey, including Moorestown, Cherry Hill, Haddonfield, Marlton and Voorhees. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at 856-235-4511 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 505 S Lenola Rd Ste 224, Moorestown, NJ 08057.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.