Relocation Of Children New Jersey
Divorce may have an impact on the physical presence of your child— a New Jersey Children Relocation Lawyer May Be Able to Help
Divorce can upend many aspects of life: what place your child calls home, who your friends are, where you go on vacation… even your favorite Friday night restaurant might be claimed by your ex-spouse after divorce.
One of the biggest changes, though, might be if you or your co-parent decide to make a substantial move. Maybe it’s because you got hired for that dream job, maybe there’s a new significant other in your life… maybe you just desperately want a serious change of scenery. Whatever the reason, the relocation of a child after divorce is a substantial process, and one the Court takes very seriously. And a New Jersey Children Relocation Lawyer may be able to help.
Let’s look at both sides of the map if this is an issue that may affect your divorce:
If you want to relocate out of New Jersey with your child:
You’re going to need either your co-parent’s consent or the Court’s order to do so. (In this case the law is applied to a minor who was born in New Jersey, and/or a child who has lived in the state for at least five (5) years.)
You should consult with several New Jersey Children Relocation Lawyers (choose the one who is best suited to your temperament) and be honest about why you think this is important. (Is it too incredible of an opportunity for you and your child to pass up?) Be realistic about your expectations and what it will take, as well. Do you have the kind of civil co-parenting relationship with your soon-to-be-ex-spouse that you can both rationally discuss this? Or do you know that this is a non-starter, and you’ll have to compel the Court to consent to the move? As discussed, this is a big and difficult step, and you need a lawyer to be honest with you as you decide whether relocation with your child is a real possibility legally.
Additionally, what will the parenting time for the non-custodial parent look like if you are allowed to relocate? Does it involve your child traveling to them, or the non-custodial parent coming to the child? If you are allowed to relocate, are you prepared to be generous in your thoughts on parenting time— for instance, perhaps sacrificing certain holidays? These are all worthwhile aspects to discuss with your New Jersey Children Relocation Lawyer prior to beginning to attempt a relocation.
If you want to stop your co-parent from relocating your child out of New Jersey:
Since this is a reactionary step, and the burden of convincing the Court that relocation is in the child’s best interest falls on the relocating parent, it’s obviously substantially easier to refuse permission to your request. You should still, of course, consult with a New Jersey Children Relocation Lawyer, but if the relocation negatively affects an agreed-upon parenting plan (especially one that is part of your divorce judgment) it will be significantly harder for the co-parent wishing to relocate the child to convince the Court it’s in the child’s best interest.
Key Factors
What are the reasons the Court may or may not grant a relocation request? They include but are not limited to:
- The co-parents’ abilities to effectively co-parent.
- The relationship between the child and their siblings, their stepsiblings, their family.
- The physical and mental safety and health of the child and the co-parent.
- Any history of domestic abuse whatsoever.
- The child’s needs, desires, and preferences.
- The child’s education and its natural progression.
- The parent’s employment and how it relates to the proposed relocation.
O’Cathian Law Group’s motto is Move Forward. Sometimes we must consider exactly what that means: is it a physical move? A literal move? A figurative one? What we’re really saying is, turn the page on your divorce and move your family forward. It’s best to talk with your New Jersey Children Relocation Lawyer about whether moving forward is a move away— a relocation— or moving forward should happen right where you are.
Want to relocate with your child? Or want to make sure your family stays exactly where it is? Either way, we can help. Call (201) 488-1161, fill out the intake form, or email a dedicated Family Law paralegal to speak with a New Jersey Child Relocation Lawyer at O’Cathain Law Group.