Divorced parents can experience a change in circumstances that necessitates relocation. Relocation can have a significant impact on child custody and support. Our New Jersey family law attorneys help parents address the complex custody and support issues related to relocation.
New Jersey’s relocation statute allows a custodial parent to relocate out of state with a child if the noncustodial parent does not object. If the noncustodial parent objects, then the custodial parent must obtain court approval before moving the child.
Prior to August 2017, the court focused on whether a proposed move would “cause harm” to a child. In August 2017, the New Jersey Supreme Court decided that the court should focus on “the child’s best interest” instead of whether the move would “cause harm” to the child. Now, a court considering a relocation request examines the same factors as when it determines custody:
- The parents’ ability to agree, communicate, and cooperate in matters relating to the child;
- The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;
- The interaction and relationship of the child with his or her parents and siblings;
- Any history of domestic violence;
- The safety of the child and the safety of either parent from physical abuse by the other parent;
- The preference of the child, if of age, and capacity to reason so as to form an intelligent decision;
- The needs of the child;
- The stability of the home environment offered;
- The quality and continuity of the child’s education;
- The fitness of the parents;
- The geographical proximity of the parents’ homes;
- The extent and quality of the time spent with the child prior to or subsequent to the separation;
- The parents’ employment responsibilities; and
- The age and number of the children.
Whether you are planning to relocate or your child’s other parent is talking about relocation, we can help you. Contact us to schedule a consultation with our experienced New Jersey child custody attorneys. Let us answer your questions about custody, parent relocation and moving children.