When a child custody agreement is made, whether after divorce or between two parents who were never married, it will usually consider where both parents reside. If the parent who has the greater share of parenting time decides that they want to move out of the state of New Jersey, they will have to request that the court allows them to relocate with the child. The Supreme Court of New Jersey recently ruled that if a parent wants to relocate with a child, they will have to prove that the move is in the best interest of the child.
This statute will make it harder for parents to relocate on the premise that they are moving in good faith. Of course, the move should still be made in good faith but the court will not use this as the deciding factor. The court will have to consider whether the out of state move will be in the best interest of the child by assessing factors that include:
- The impact on the relationship that the child has with the noncustodial parent
- The impact on the child’s quality of education
- The impact on the child’s living situation
- The impact on the child’s social life
The factors listed above are not the only ones that are considered, but they are some of the major ones. If you have questions about how you can relocate with your child, contact an experienced family law attorney today.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced attorneys throughout the states of New Jersey and Delaware. Please contact the office for a free initial consultation and get any questions answered regarding your specific case.