After a divorce is final, the two spouses can move on with their lives. As time goes on, they can experience many changes, possibly even requiring them to move. This may be due to a job offer or family matter. While moving can be exciting, the process can be made more difficult if they share custody of their child with a former spouse. Most parents want to bring their child with them when they have to relocate. However, the other parent may oppose the move. Continue reading below to learn more about these situations and contact an experienced New Jersey family law attorney for assistance with your case.
Physical Custody vs Legal Custody
During a custody case in New Jersey, physical and legal custody will be determined. These encompass two different parts of a child’s life. While physical custody designates the parent with whom a child lives and spends the majority of their time with, legal custody establishes the influence a parent has in their child’s life. This allows them to be involved in making important decisions throughout their child’s upbringing. This can include matters such as medical treatment, education, religion, and even relocation. Parents who do not have physical custody of their child should still fight for legal custody so that they have a say in important matters, such as relocation.
Relocation Laws in New Jersey
The New Jersey Supreme Court signed a new law regarding relocation in 2017. It required all courts to make decisions regarding children with the “best interest” standard. This means the child’s best interests must be put first. In relocation cases, this requires the parent who wishes to move to prove relocation would be in the best interest of the child. This is despite moving away from the other parent. Before reaching a decision, the court will consider the following factors:
- The bond between the child and each parent
- The impact of the move on the child’s established relationships
- Social life
- The reasons for and against the move
- Other implications of the child and custodial parent moving
Contact our Firm
If you require strong legal representation for matters of divorce and family law in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.