Parental Relocation/Move-aways

Relocation After Divorce

Americans live in a mobile society. We are accustomed to moving for a better job, to be near aging parents, or to get our children into a better school district. Most people think nothing of it. However, New Jersey law requires that both parents — either married, divorced, or unmarried — consent to the removal of the child from the state. When they cannot agree, the family court becomes involved in developing a relocation agreement.

Jeffrey M. Bloom represents either parent in relocation matters. We act for parents who wish to move away from the area and for parents who oppose the relocation of their ex-spouse and children. In either case, we advise and counsel clients on the best interests of their children in parental relocation cases. For more information about New Jersey law related to parental relocation, contact our lawyer, Jeffrey M. Bloom.

The goal of New Jersey law on relocation is to preserve the rights of non-custodial parents, many of whom may no longer be able to be involved in the lives of his or her children should a relocation take place. The burden of proof is on the relocating parent to demonstrate why a move-away should be allowed.

When deciding on a move-away motion, the court examines factors such as:

• The reasons for moving
• The reasons for opposing the move
• Whether the relationship between the parents is affecting their reasons for opposing the move
• Family members living near both the current home and the proposed new home
• Whether the child will receive equal educational, health, and leisure opportunities to those in the present location
• Whether the new location can accommodate any special needs of the children
• Whether it will be possible to develop a visitation and communication schedule that will allow the noncustodial parent to maintain a full and continuous relationship with the child
• The probability that the custodial parent will continue to foster the child's relationship with the non-custodial parent if the move is allowed
• The effect of the move on extended family relationships
• The preferences of the child, unless he or she is entering the senior year in high school, when the courts generally oppose relocation
• Whether the non-custodial parent can also relocate

To learn more about a move-way after a divorce, contact our law office. We have been advising people on difficult issues since 1988. Let us use the nearly 20 years of experience to help you. We serve New Jersey communities such as Weehawken, Union City, Hackensack, and Jersey City.

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