Life after a divorce presents may new situations for a person. This can include life changes such as job opportunities or family requirements. Sometimes, these changes may require the individual to move away from home. If the individual is a parent, this can bring about different struggles. Usually, a relocating parent wants their child to come with them. However, the former spouse and other parent of the child may have their own parental rights and oppose the move. When parents disagree about what is best for their child, they may need the court to settle the matter. During this time, it can be helpful to retain the services of an experienced attorney.
Relocation Laws in NJ
The New Jersey Supreme Court revised its child relocation laws in 2017. It now states that all courts are required to make decisions regarding relocation with the “best interest standard.” This means the decision is made based upon not what either parent wants, but what is ultimately best for the child. This requires parent wants to relocate with their child to prove that it is in the child’s best interests, despite moving from the other parent. When making a decision, the judge considers different factors regarding the family, including the following:
- 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
Why Would the Court Grant a Relocation?
When a parent wants to move out-of-state with their child, they need to get the approval of the court. This can be done by submitting a request with the family court to relocate. This request must include proof that it is a valid move and is in the child’s best interest. Some reasons as to why the court may approve a relocation can include the following:
- The parent is moving in with a new spouse
- The parent wants to be closer to their extended family
- The parent is pursuing new employment or a higher education
- The parent wishes to significantly improve the child’s quality of life
- The parent wants to protect their family
- The parent requires medical treatment
It is important to note that a request for relocation can sometimes not be granted, regardless of the reasoning why. This is why it is crucial for parents to contact a skilled attorney when dealing with these matters.
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.