It’s not uncommon for circumstances to change after a divorce. One of the most common yet significant changes that occur after a divorce is the custodial spouse facing a scenario that necessitates moving away, perhaps out of state, with their child. If you’re looking to move away with your child after a divorce, or if you oppose your ex moving out of state with your child, you should strongly consider speaking with a knowledgeable Bergen County, New Jersey relocation lawyer at once. Contact HD Family Law today to learn more about relocation cases and how our firm can help.
Relocation Lawyer in Bergen County, New Jersey | Helping Clients in NY & NJ
Moving out of state with a child is a significant change in the lives of all parties involved. In many cases, doing so requires the permission of the court. Contested relocation cases are best handled with the assistance of an experienced Bergen County, New Jersey family law attorney. Fortunately, you’re in the right place. HD Family Law can help.
Can I Move Away With My Child as a Custodial Parent in NJ?
In many cases, the custodial parent can move out of state with their child. For example, if you’re looking to move out of state and the non-custodial parent gives it the “ok,” you should be free to move. However, if your ex opposes the move, you will most likely have to hire an attorney and go to court to seek their approval. This approval is paramount, as without it, moving away with a child without permission may result in criminal charges, such as the unlawful interference of parenting time.
Factors Courts Consider When Considering Relocation
To move out of state with your child, you and your Bergen County, New Jersey relocation lawyer will have to prove that the move is in your child’s best interests. New Jersey courts have gone back and forth on their philosophy regarding move-away cases over the years. For example, courts previously followed guidelines set forth in Baures v. Lewis, 167 N.J. 91, in that they would typically consider a move in good faith that’s in the parent’s best interest to be in the child’s best interest as well.
That said, in more recent years, courts in New Jersey have more closely followed the precedent set forth in Bisbing v. Bisbing, 230 N.J. 309 (2017), wherein relocation out of state isn’t always considered the best option, and really depends upon the specific circumstances of the case at hand. If you’re looking to relocate with your child, courts will have to believe that the move out of state will truly work in your child’s best interests. They will typically consider the following:
- The bond the child has with both parents
- Whether the child is in his or her senior year of high school
- Whether the custodial parent is looking to move closer to family members
- Whether the custodial parent has to move for a better-paying job opportunity
- The stability of the home offered
- If the child is old or mature enough, whether he or she has a preference
- Whether there is a history of domestic violence
- The extent to which the move would impact the child’s relationship with his or her other parent
- Whether the move would otherwise benefit the child socially, educationally, or financially
Every case is different, and these are just some of the most important factors courts will consider when determining whether a parent can move away with their child. Courts will ultimately consider any factor they deem relevant to your case.
Contact a Relocation Lawyer Today
The bottom line is that if you’re looking to move out of state with your child, your best option is to speak with an experienced attorney as soon as you can. HD Family Law is prepared to guide you through each step of the process ahead. Contact us today so we can get started.
