© 2025 Law Office of Sarina Gianna, LLC.
All rights reserved. Attorney advertising.
Can I Relocate With My Child After a NJ Divorce?
When your divorce is finalized, you may be eager to get a fresh start by moving away from your ex-spouse. However, if you share custody of the children, relocating can become a serious legal matter. If you are looking to relocate with your child following your divorce, connecting with an experienced Ocean County Child Relocation Attorney is crucial to understanding your rights and options. Please continue reading as we explore how this process works and what the courts will consider during these matters.
Is It Possible to Relocate With My Child Following a Divorce in NJ?
Relocating with a child after a divorce in New Jersey requires permission from the other parent or a court order, especially if the move would significantly impact the child’s existing custody arrangement. If the move is a considerable distance and would affect the non-relocating parent’s ability to maintain parenting time, consent is likely needed. Generally, existing custody orders or agreements outline the rules for relocation. Even if the move doesn’t require explicit court approval, the non-relocating parent should be notified of the move.
If the other parent doesn’t agree to the move or the relocation would significantly disrupt the child’s current custody schedule, the parent seeking the relocation will need to file a petition with the court for permission to move. If the court finds that the move is in the child’s best interest, it will issue an order granting permission to relocate and may modify the custody arrangement accordingly.
What Will the Courts Consider When Making This Decision?
The first step you should take is to discuss your intentions with the other parent and attempt to reach a mutual agreement. If you can negotiate and agree on a new custody agreement, you can submit it to the court for approval. It’s important to note that in August 2017, the New Jersey Supreme Court ruled that courts must assess relocation cases with the “best interest” analysis. Therefore, they must establish that moving away from the other parent is in the child’s best interest.
When a parent seeks to relocate with their child, the courts will carefully examine the situation to determine whether the move is in the child’s best interests. Some of the factors that courts typically consider include:
- The reason for the relocation
- The impact on the child’s well-being
- The child’s relationship with both parents
- The feasibility of preserving the child’s relationship with the non-relocating parent
- The child’s preference (depending on age and maturity)
- The ability ot each parent to provide a stable home life
- Who the child’s primary caregiver was before the divorce or separation
- The employment responsibilities of each parent
- The ability of the parents to cooperate and communicate about the needs of the child
- Any other factors deemed relevant by the court
As you can see, relocating with a child after divorce can be a challenging and emotionally charged process. Having a qualified family lawyer from the Law Office of Sarina Gianna, LLC is essential to protect your rights and ensure your child’s well-being is safeguarded. Connect with our firm today for more information.