If you are considering relocating after a divorce in New Jersey, it’s important to understand that moving with children presents unique challenges that you will need to address. Please continue reading as we explore whether a mother can relocate with her child without the father’s consent in New Jersey and how our Monmouth County Child Custody Attorneys can help you understand your options.
How Does the Court Determine the Child’s Best Interest?
First and foremost, it’s important to understand that all custody cases in New Jersey can result in either joint or sole custody. Child custody decisions prioritize the child’s best interests. The court will consider a wide range of factors, including:
- Each parent’s ability to cooperate and communicate
- Each parent’s relationship with the child
- The child’s needs
- Parental fitness
- Parental preference (depending on age and maturity)
- Each parent’s employment responsibilities
- Quality and continuity of the child’s education
- The geographical proximity of the parent’s homes
- Any other factors deemed relevant by the court
The primary goal is to ensure the child’s well-being, safety, and security. If a parent’s proposed relocation would disrupt an existing parenting plan, that parent would need permission before relocating with their children.
How Do I Relocate With My Child After a NJ Divorce?
In New Jersey, it’s essential to understand that a mother cannot relocate with her child to another state without the other parent’s consent or a court order. This is unless, however, the move is due to an immediate risk of danger. A custody arrangement generally determines the process for relocation.
If there is no existing custody agreement, the parent seeking the relocation must obtain either consent from the other parent or a court order granting permission. Parents can reach an agreement and sign a consent order showing they agree to the relocation and any applicable custody schedule changes it requires. If parents are unable to reach an agreement, the parent seeking the relocation can file a petition with the court. They must demonstrate that the move is in good faith and will no adversely affect the child.
You should note that parents wishing to relocate must provide their reasoning for wanting to move in addition to a fair parenting plan proposal, and show that the child has a comparable or better opportunities in the new area as there is in their current home.
As you can see, the custodial parent must obtain permission from either the non-custodial parent or the court to relocate with the child out of state. If you are thinking about moving, or your child’s other parent has expressed a desire to relocate, it’s crucial to understand your rights. At Paone Zaleski & Murphy, we are prepared to help you take the next steps towards achieving the best solution possible for your family. Connect with our legal team today for guidance and skilled representation.
