After spouses are officially divorced, they are able to move on with their lives as they please. Sometimes, this may result in them relocating to another city or state. While this can be an exciting opportunity, it can be presented with difficulties in the event that the former-spouses have a child together. Usually, a parent would want their child to relocate with them. However, in the event that the other parent opposes the move, this matter can bring the individuals to court so that a judge can decide what is right for the family. Continue reading to learn more and contact an experienced New Jersey family law attorney for assistance with these issues.
How do Courts Decide Child Relocation?
When dealing with child relocation cases, parents are required to obtain court approval if they wish to move out of the state. During this time, the burden of proof lies upon the parents. For example, the parent who wishes to move with their child is required to prove to the court that it is in the best interest of the child to do so. However, the opposing parent must prove the alternative if they wish to keep the child close.
What is a Best-interest Analysis?
When deciding if a parent should be able to move with their child, the court abides by New Jersey’s “best interest standard.” This means they are required to make a ruling based on what is in the child’s best interest. To determine this, the judge will consider the following.
- The reason for moving, as well as the former spouse’s reasoning for protesting the move
- Whether the child is entering their senior year of high school
- Whether the move will benefit the child’s overall situation, providing advantageous educational, economical, or social circumstances
What Other Factors are Considered?
In addition to the previous factors, the judge may also consider the following to make their decision:
- Moving closer to the child’s extended family so they can benefit from those relationships
- Requiring immediate or crucial medical attention
- Protecting your family from a dangerous environment or former spouse
- Moving in with a new spouse
- Getting a new job or attending college, university, or getting a higher education to benefit theirs and the child’s financial situation
Contact our Firm
If you need an experienced legal team to guide you through a divorce matter, contact Townsend, Tomaio & Newmark L.L.C today.
