If you are a divorced parent who is seeking to relocate out-of-state with your child in New Jersey, you will most likely not be able to do so without the court’s permission. There are several things you need to know about the relocation process, as it may be more complex than you think. Please read on and reach out to our compassionate firm to learn more about the legal process going forward. Here are some of the questions you may have:
How does New Jersey determine whether I can relocate with a child after a divorce?
Fortunately, if you are currently living in New Jersey and simply plan to relocate within the state, you should not have too much trouble doing so legally. However, if you are the custodial parent and plan on moving out-of-state with your child, you will most likely need the court’s permission to do so.
However, since your child’s best interest is of the utmost concern to New Jersey courts, you will have to prove both that the move is entirely necessary, and that it is in your child’s best interest. Unfortunately, there is a very good chance your former spouse may challenge your moving out of state, which is why you will need to hire an experienced attorney who knows how to prove your case.
Why do courts allow parents to move out-of-state with their child after a divorce?
To move out-of-state, as mentioned above, you will have to demonstrate that your move is absolutely necessary. Some reasons for moving that have allowed former spouses to relocate with a child in the past can include requiring critical medical treatment, moving closer to family, moving in with a new spouse, protecting your family, getting a new job, and more.
What is the best interest analysis?
Additionally, New Jersey courts will also most likely conduct a “best interest analysis” to prove that your child will indeed benefit from this move. Therefore, New Jersey courts will consider several factors, including your reason for the move, your former spouse’s reason for challenging the move, whether your child has any preferences regarding the move, whether the move will provide your child with improved educational, health, and leisure opportunities, and more.
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Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. One of the most important things you can do when going through a divorce is to hire a knowledgeable and compassionate divorce attorney. Do not settle for less than you deserve. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.