After a divorce, many people decide to move away for a fresh start. If you share custody and you are looking to move away with your child after a divorce, there is a good chance that you will not need permission to move out of state. However, if you are looking to move out of state, you will either have to receive permission from your former spouse, or you will have to obtain court approval. Read on to learn more about New Jersey’s relocation laws and the process.
How Does a Court Decide Upon Relocation?
When going to a court for relocation approval, it is important to know how the decision will be made. New Jersey courts work to do what is in the child’s best interest. As a result, the court may consider the following factors:
- Your overall reasoning for the move
- Your spouse’s reasoning for opposing the move
- Whether you are trying to move closer to your child’s extended family
- Whether you are moving because you or your child requires medical attention
- Whether you are moving in with a new spouse/romantic partner
- Whether you are moving because you recently got a new job
- Whether the move is so that you can receive a higher education
- Whether you are moving to a safer area, or you are trying to move away from a dangerous spouse
What if a Parent Unlawfully Moves Out of the Country With Their Child?
If you are someone who wishes to move away with your child, you must go through the court process before doing so. If you do not, you will be subject to penalty under the laws of The Hague Convention. If you leave the country with your child unlawfully, the Convention will enact its multilateral treaty to provide an expeditious method of returning your child, and from here, you will most likely be criminally punished.
If you are interested in relocating with your child, you may need the help of an experienced family law attorney. Reach out to our firm today.
Contact our experienced Ocean City 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.