If you are divorced, have children, and are looking to move, either in-state or out-of-state, there is a lot you need to know about the legal process going forward. Please read on and reach out to our firm to learn more about how we can help.
How does child relocation work in New Jersey?
If you currently live in New Jersey and plan on relocating to another part of New Jersey, you will generally not need court approval. However, if you are moving due to a substantial change in circumstances, your former spouse may contest the relocation, which can trigger a modification to your child custody order. It is always best to hire an experienced attorney, as he or she can analyze the situation and determine whether you or your former spouse’s in-state move is enough to warrant a modification to your child custody agreement.
What are some reasons that a court would grant an out-of-state child relocation?
If you or your former spouse plan on moving out-of-state with your child, you will first need the court’s approval. You will submit a request with the family court to relocate and provide proof that your move is both with valid cause and is in your child’s best interest. Some causes for parental relocation that have received the court’s approval in the past are as follows:
- You are moving in with a new spouse
- You want to be closer to your extended family
- You are pursuing new employment or a higher education
- You wish to significantly improve your child’s quality of life
- You want to protect your family
- You require medical treatment
While several instances may grant an out-of-state relocation, there is also the chance that your request is either denied or contested by your spouse. This is why it is so important you hire an experienced attorney who knows how to prove that your relocation is a necessity.
What is a best interest analysis?
If you or your former spouse contest a move, the courts will conduct a best interest analysis to ensure the move is truly in the best interest of your child. They will consider several factors, including the reasoning for the move, the reason you or your former spouse gives for opposing the move, the effect the move will have on your children, and more.
Contact our experienced New Jersey firm
Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.