The end of a marriage often brings the desire for a fresh start, and for many, this includes moving to a new location. However, when children are involved, relocating can become a complex legal issue. The decision to move to a different city, state, or even country can have significant implications for custody arrangements and visitation rights. If you want to relocate with your child post-divorce, seeking guidance from our experienced Edison Child Custody Lawyers is crucial to understand your legal options and ensure the best possible outcome for your family. Please continue reading as we explore how this process works and how our legal team can help you navigate the court’s considerations in such matters.
Can a Mother Relocate With Her Child Without the Father’s Consent in NJ?
If you are planning a short move within the same state, you may not need permission from your ex-spouse or the court. However, for long-distance or out-of-state moves, you generally need to obtain permission from either your child’s other parent or the court.
If your ex-spouse agrees to the move, they will need to sign a consent order showing they agree to the relocation and any applicable custody changes it requires. If your ex-spouse doesn’t agree to the move, you will need to file a petition with the court and demonstrate that the move is in good faith and will not be harmful to the child’s best interests.
It’s important to note that in 2017, the New Jersey Supreme Court issued a ruling that determined the fairest way for parents to move out of state with their children following a divorce. This ruling makes it much more difficult, as in the past, the court only needed to see that the move wouldn’t be unfavorable to the child. However, now, the moving parent must demonstrate that the move is in the best interest of the child, and the court will apply the same factors used to resolve any custody matter.
That said, the courts will take the following factors into account when one parent wishes to move a considerable distance away from the other parent:
- The reason for the relocation
- The impact on the child’s well-being
- The child’s relationship with both parents
- The employment responsibilities of each parent
- The feasibility of preserving the child’s relationship with the non-relocating parent
- The child’s parental preference (depending on age and maturity)
- Any other factors deemed relevant by the court
Although this list is not exhaustive, these are some of the most pressing issues the court will consider when deciding whether to grant a reloction request.
As you can see, the laws surrounding relocation with a child after divorce are complex. Consulting with a qualified Edison child custody lawyer from Arndt & Sutak, LLC, is essential to safeguard your rights and ensure your child’s well-being is protected throughout the process. Connect with our firm for guidance and skilled representation.
