Can I Relocate With My Child After a Divorce?

Life rarely stays the same after a divorce. Job opportunities arise, new relationships form, and family members in other states may need your support. For these reasons, divorced parents often wonder whether they can relocate with their child. Importantly, in New Jersey, relocation laws are complex, and the court’s primary focus will always be the best interests of the child. Continue reading and reach out to our seasoned Sussex County child custody lawyers to learn about child relocation cases and how our legal team can assist you. Here are some of the questions you may have:

What Does New Jersey Law Say About Relocation?

In New Jersey, a parent who shares custody cannot simply pack up and move with a child without the other parent’s permission or a court order. The law differentiates between moving within the state and moving out of state. For out-of-state relocations, the court must review the circumstances to ensure the move will not harm the child’s relationship with the other parent. Even a significant move within the state that disrupts the current parenting plan may require court approval.

Courts look at several factors when evaluating relocation requests. These include the reason for the move, the impact on the child’s educational and social life, and how the move will affect the child’s relationship with both parents. A judge will also consider whether the move will enhance the quality of life for the parent and child, such as providing better housing or employment opportunities.

How Do You Request Court Approval to Relocate?

If the other parent does not consent to the move, the relocating parent must file a motion with the family court. This involves presenting a detailed plan explaining why the move is necessary, how it will benefit the child, and how the other parent’s relationship will be maintained. Evidence might include new job offers, cost-of-living comparisons, or information about schools and community resources in the new location.

The court will hold a hearing where both parents can present their cases. This can be an emotional process, as it touches on both legal rights and deep personal bonds. Having a knowledgeable family law attorney is crucial for preparing a thorough case, anticipating challenges, and advocating effectively for your position.

What Happens If the Court Denies the Relocation?

If the court decides the move is not in the child’s best interest, the parent must remain in the current location if they wish to retain custody. Some parents choose to relocate without the child, which may require a change in custody arrangements. Others decide to put the move on hold or explore alternative solutions, such as modifying the parenting schedule to better fit changing circumstances.

While this outcome can be difficult, it is important to remember that the court’s role is to protect the child’s stability and emotional well-being. The decision is not meant to punish either parent but to ensure that the child’s needs remain the priority.

If you have additional questions about relocation cases or are either looking to relocate with your child or oppose a move, please don’t hesitate to contact Gruber, Colabella, Thompson, Hiben & Montella for an initial consultation today.