(908) 398-2300

Child Relocation After a Divorce in New Jersey

Contact Us
 

Child Relocation After a Divorce in New Jersey

When couples go through a divorce, they are separating their lives. However, their lives can still be intertwined in the event that they have children together. When this happens, parents are legally bound to abide by the custody arrangements determined in their divorce proceedings. Yet, as life goes on, a parent’s situation may change. When new circumstances present themselves in life, such as a job opportunity or family matters, a parent may need to relocate.

When a custodial parent has to move, they usually want their child to move as well. This can make for a difficult situation, as non-custodial parents typically do not want their child to move away from them. While they do not have physical custody of their child, it is important to know that the non-custodial parent has the right to speak up and fight for their child to stay.

Physical Custody vs Legal Custody

When custody is determined during a divorce, parents may be awarded physical and legal custody of their child. While these are different concepts, one is not necessarily more important than the other. They both cover different aspects of a child’s life. Physical custody determines a custodial parent. This settles where the child will live with the majority of their time. While this may be, the child also spends time in the non-custodial parent’s home.

Alternatively, legal custody establishes the amount of influence a parent has in their child’s life. This allows a parent to be involved in the decision making for important matters of the child’s life. This includes issues such as medical treatment, the child’s education, religious practices, and even relocation. Even if a parent does not have physical custody, they still have the right to speak up in matters of their child’s possible relocation.

Laws Regarding Relocation

New Jersey laws regarding the relocation of a child changed in August of 2017. The state Supreme Court ruled that the court is required to make decisions with the “best interest” standard. This means it must be proven that the child’s relocation would be in their best interest, despite moving away from one of their parents.

During cases of relocation, the court considers many different factors to come to a decision. This can include:

  • 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

When a non-custodial parent opposes the relocation of their child, the court usually calls for an evaluation of the child and the family to be done by a mental health professional. This helps the court come to an appropriate decision.

Contact Us Today!

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.

Practice Areas

Mediation Services

Our firm believes that exploring alternatives to litigation can greatly benefit our client. Our firm’s established mediation practice can help you resolve family law issues more efficiently, amicably and at a lower cost. If you are interested in knowing more about our mediation services, contact the firm to discuss your situation.

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –
 

Contact