There are a number of reasons to move out of state with your child. However, it is important to follow the proper channels when making this move. Read on to learn more about out-of-state relocation after a New Jersey divorce.
Can I leave the state with my child?
The answer to this question depends on your custody arrangement. If your spouse has legal custody of your child, that means he or she has a say in relocation matters. If you and your ex-spouse share physical custody, you will also need permission from your ex. This can be a difficult situation, as many parents do not want to be away from their children. Additionally, a move out of state can be difficult for a child, resulting in a new school, far distances from friends and family, and more. If your ex does not give permission, you will need permission from a New Jersey court.
What does a court consider when making a decision about relocation?
When it comes to making a decision about relocation, the judge’s primary concern is your child’s best interests. As a result, this decision will not be taken likely. A judge may consider some of the following factors when it comes to making a decision about a child’s relocation. Some of these factors may include:
- Whether you are moving to live with a new spouse
- Whether you are now pursuing higher education or a new job
- Whether you are moving to significantly improve the quality of your family’s life
- Whether you are moving to keep your child or family safe
- Whether you need dire medical treatment
- Whether you wish to move closer to your extended family
- Whether your child has a preference, if he or she is mature enough to make that decision
- Your reasoning for the move, or your former spouse’s reasoning for opposing the move
- Whether your former spouse is capable of relocating as well
- The opportunities available for your child in the new location
- How the move will overall affect the quality of your child’s life
What if I leave without permission?
Moving out of state without permission can result in the loss of custody and can even involve criminal charges, including child endangerment and kidnapping.
If you have any questions or concerns about relocation, our firm is here to help.
Contact Our Experienced New Jersey 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.
