What Should I do if I Have to Move Out of State and am Divorced With Children?

If you are a divorced parent and are planning to relocate with your child, there are several things you need to know. Here are some of the questions you may have regarding the relocation process in New Jersey:

How do New Jersey courts handle the relocation process?

Those who are currently living in New Jersey, are divorced, and have children are fortunately generally not required to obtain court approval to move within the state of New Jersey. However, if you are a divorced parent who plans of moving out-of-state, you will need court approval, as this may modify your child custody agreement. Additionally, when you move out-of-state, your former spouse may potentially contest the move, which is why you must hire an experienced attorney who knows how to prove that your move is both in your child’s best interest, and completely necessary.

Why have courts allowed relocation in the past?

If you are planning on moving out-of-state, the court will have to first approve the move. You will have to submit a request with the family court to relocate, and the court will only approve the relocation if it is proven that you absolutely need to move. Some scenarios that have constituted such a move in the past include moving in with a new spouse, protecting your family, pursuing new employment, seeking to be closer with extended family, requiring medical treatment, and more. However, while these may seem like totally valid reasons to move for you, there is a very strong your spouse may contest the move, perhaps even simply out of spite. That is why you need an attorney on your side who is ready to help you when you need it most.

What is the function of a best interest analysis?

New Jersey courts will very often implement what is known as a “best interest analysis.” Simply put, the courts will examine several aspects of your life to determine whether your move is truly in the best interest of your child. They may consider your reasoning for moving, why your spouse is opposing the move, how the move will impact your children, whether your child has a preference, whether the opposing parent is capable of relocating if he or she wanted to, and more.

Contact our experienced New Jersey firm

The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. We understand how serious and potentially impactful divorce and family issues can be, which is why we dedicate ourselves to providing our clients with compassionate and knowledgeable legal advice and action. If you need quality legal services, please do not hesitate to contact the firm for a consultation.