Can I Relocate With My Child After a Divorce in New Jersey?
In some cases, the custodial parent may seek to relocate with their child after their divorce is finalized. If the parent wishes to move a short distance away, relocation with their child is typically not an issue. However, if the parent wants to move far away or out of state, relocation may become far more complicated. Continue reading and reach out to the Law Offices of Katherine K. Wagner to learn more about child relocation in New Jersey.
Physical Custody vs Legal Custody
The two types of child custody are physical custody and legal custody. Physical custody determines where the child will live, while legal custody gives a parent the right to make decisions on behalf of their child. This will include decisions on matters such as medical treatment, education, and religious practices.
Relocation Laws in New Jersey
If you are a parent with physical and legal custody of your child and you are looking to move out of state with your child, in most cases, you will either have to receive permission from the other parent or from the court before doing so. If the child’s other parent opposes the move, you will have to receive permission to move away from the court. The court will consider several factors when determining whether you can relocate with your child, but their primary concern will be your child’s best interests. Courts in NJ will consider the following factors when determining your child’s best interests:
- The age and number of the children
- The stability of the home environment
- The needs of the child
- The relationship of the child with their parents and siblings
- The proximity of the parents’ homes
- The safety of the child
- The history of domestic violence
- The safety of either parent from physical abuse by the other parent
- The parents’ ability to agree, communicate and cooperate in matters relating to the child
- The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse
- The preference of the child when of sufficient age and capacity
- The extent and quality of the time spent with the child prior to the separation
- The parent’s employment responsibilities
- The fitness of the parents
If the court determines that relocation would be in the best interests of your child, they should grant permission for you to do so. The Law Offices of Katherine K. Wagner can help ensure that your child’s best interests are protected. Give Ms. Wagner a call today so we can get started.
Contact the Law Offices of Katherine K. Wagner
Do not face complex divorce and family law matters alone. With over 25 years of experience, the Law Offices of Katherine K. Wagner is dedicated to providing you with the knowledge and skill your case deserves. We will fight to protect your rights, your financial security, and your children. Contact the Law Offices of Katherine K. Wagner today for a consultation.