There are two circumstances that a relocation case will be opened in New Jersey courts: a custodial parent seeks to relocate the child within New Jersey, but far from the marital home, or a custodial parent seeks to move their child outside of New Jersey. The New Jersey Supreme Court changed its standard for removal in 2017 which makes it more difficult for custodial parents to relocate without the noncustodial parent’s approval first. Continue reading to discover the difference between physical and legal custody. To prepare for your upcoming case, learn the relocation laws in New Jersey and how they will affect the court’s decision on the relocation of your child.
If you are facing an incoming relocation case, it is important to gain the services of an experienced family law attorney who will fight for your rights as a parent. Contact our firm to discuss our services and how we can assist you. We are prepared to fight for your rights, no matter your position in the case.
Legal Custody vs Physical Custody
The two types of custody arrangements that are made in New Jersey are legal and physical custody. Physical custody is where a child lives the majority of the time and determines the child’s custodial parent. Legal custody refers to the ability to make decisions on the child’s behalf. This gives parents influence on important aspects of the child’s upbringing for matters such as education, religious practices, and medical treatment. Legal custody also includes relocation. However, a parent without physical custody has the right to speak up in the event of their child’s possible relocation.
Relocation Laws in New Jersey
The New Jersey Supreme Court ruled in August of 2017 that relocation cases need to be assessed with the best interest standard. This requires that the decision the court makes regarding moving the child to this new location is in the child’s best interest. New Jersey courts will also consider the following factors when making a decision in relocation cases:
- Other implications of the child and custodial parent moving
- The impact of the move on the child’s established relationships
- The bond between the child and each parent
- Social life
- The reasons for and against the move
If the relocation of a child is opposed by a non-custodial parent, a mental health professional will be appointed by the court to conduct an evaluation of the child and the family. This evaluation will also be considered by the court in its final decision regarding relocation.
Contact our experienced New Jersey 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.