When two parents go through a divorce, they can move on with their lives personally. However, they are still connected by their child. The decisions that one parent makes with their life can impact their child, thus impacting the other parent. For example, if one parent experiences a change in their life that requires them to move, they usually want to bring their child with them. However, the other parent may oppose this move, making the situation complicated. 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 divorce proceedings between two parents in New Jersey, child custody arrangements are made. This includes both physical and legal custody of a child. While physical custody is in reference to the parent a child spends most of their time with, legal custody allows a parent to have influence in their child’s upbringing. This ensures they can have a say in important matters such as medical treatment, education, religion, and relocation. Parents should always fight for legal custody, even if they do not have physical custody.
Relocation Laws in New Jersey
In 2017, the New Jersey Supreme Court signed a new law addressing child relocation. The law requires the courts to make decisions with the “best interest” standard, meaning they must rule with the child’s best interests at the forefront of the case. During this time, both parents can argue their side for whether they want the child to move or not. Before making any decisions, the court will consider the following factors to determine what is in the best interest of the child:
- The bond between the child and each parent
- The impact of the move on the child’s established relationships
- Education
- Social life
- The reasons for and against the move
- Other implications of the child and custodial parent moving
Contact our Firm
Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.
