Divorce allows two spouses to move on with their lives separately. However, if they have children together, their lives can still be intertwined in some ways. For example, if one parent has to relocate to a different city, state, or even country, they may want to bring their child with them. However, the other parent may oppose this move. During matters of relocation with a child after a divorce, parents may need the assistance of the court. Continue reading below to learn more and contact an experienced New Jersey family law attorney for help with your case.
How Does Custody Impact Relocation?
During New Jersey divorce proceedings, parents are required to determine child custody arrangements. This includes both physical and legal custody. Physical custody is in reference to the parent a child lives and spends most of their time with. Separate from this, legal custody gives a parent the right to have influence in their child’s upbringing. This ensures they have a say in important matters such as medical treatment, education, religion, and relocation. It is important for parents to always fight for legal custody, even if they do not have physical custody. This is because it gives them a chance to fight for their child to stay during cases of relocation.
Relocation Laws in New Jersey
In 2017, the New Jersey Supreme Court signed a law addressing children in family law matters. It requires the courts to make decisions regarding children with the “best interest” standard. This means they must make decisions that are in the child’s best interests, not just those of the parents. In order for a judge to act in favor of either parent, they are required to prove that moving or not moving is in the child’s best interests. In addition to this, 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 related to divorce or family law, Haber Silver Simpson & Russoniello is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.