After your divorce, you may be eager to get a fresh start by moving away from your ex-spouse. While this may not seem like a big deal, when you share children, moving can be an incredibly complicated legal matter. As such, if you are looking to relocate with your child after your divorce is finalized, connecting with Bergen County family lawyers is vital to help you explore your legal options and fight for the best possible outcome for you and your family. Keep reading to learn how this process works and what the courts will consider during these matters.
Is It Possible to Relocate With My Child After My Divorce?
Many who have gone through a divorce look to start over in a new place after their marriage has ended. While this is generally not an issue, if you have children together, it can become a complicated legal matter. Generally, you’ll find that a short move a few towns or even counties over may not pose an issue, but if you plan on making a long-distance or out-of-state move, you generally need to receive permission from your ex-spouse or the court before doing so.
What Will the Courts Consider When Making This Decision?
As mentioned, if your ex-spouse does not agree to the move, you must file a petition with the court for them to decide on this matter. Unfortunately, many parents do not agree when a custodial parent wants to move, as it will severely impact their time spent with the child. As such, many parents go to court for these matters.
In 2017, the New Jersey Supreme Court issued a ruling that changed how this process works, making it more difficult for parents to move away with their children. In the past, the court only needed to see that the move wouldn’t harm the child. However, now the moving parent must show that the move is actually in the best interest of the child, which makes it much harder to secure permission from the court.
As such, the courts will take the following factors into consideration when one parent wishes to move a considerable distance away from the other parent:
- The distance between the parent’s homes
- How many children are involved
- The ability of each parent to provide a stable home life
- The ability of the parents to communicate about the needs of the child
- The employment demands of each parent
- Who the child’s primary caregiver was before the divorce
- If the child is mature enough, their preference on where to live
While this list is not exhaustive of all factors, these are some of the most pressing issues the courts will consider when deciding.
Should I Work With an Attorney?
If you want to relocate out of state or further away with your child, the most important thing you can do is connect with an experienced attorney. This issue proves to be one of the most complicated, so trying to navigate it on your own can have less than favorable outcomes. Instead, working with an attorney allows you the best opportunity to fight for your future.
At Feitlin, Youngman, Karas & Gerson, LLC, we understand that petitioning the court to move can be nerve-wracking. That’s why our team is ready to represent you in these matters. Our team will examine your circumstances to determine the best course of action to help you during these matters. Connect with us today to learn how we can assist you.
