New Jersey Divorce Lawyer

Relocation After Divorce

After a divorce that involves children, whenever either parent wants to relocate, whether within the state, another state or to another country, the issue can become a complicated one. Custody and visitation agreements that may have been hard-won during the divorce proceedings are now challenged and it can be a complex issue to resolve. If you or your spouse has decided to relocate you will need the counsel and legal assistance of a New Jersey divorce lawyer at The Law Office of Steven P. Monaghan. In the State of New Jersey you will either need to get the consent of the other parent or a court order allowing such a move.

When considering such a request, family courts will always look at the best interests of the child above all other factors. Even if the reasons for such a move are a better job or home, it will be the effect on the child's relationship with both parents, especially the one not relocating that will need the closest examination. The first issue that will be considered by the court is what the current custodial arrangements are. That agreement is the starting point for any request to relocate.

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If the parents have entered into joint physical custody with each parent sharing the responsibilities of housing and caring for the child's welfare the court will have to make a change of custody analysis and evaluate if such a change is possible while serving the best interests of the child. If the current custody agreement is one of sole physical custody and one parent has a greater role in the welfare of the child both emotionally and physically, the court must consider a different set of requirements. These include whether the request for relocation is being made in good faith and for good cause. If the parent making the request can adequately prove the first by providing valid reasons for the move, then the parent opposing such relocation must show that such a move will injure their relationship and is not in the best interests of the child.

Contact a New Jersey divorce attorney for information about your rights and assistance regarding the relocation of your child after your divorce.