Going through a divorce is not easy. The idea that your marriage has come to an end can be a difficult pill to swallow, even if you knew deep down that there was no saving the relationship. Staying in a broken or bad situation for the sake of the children is not a good move either. Once you finalize the divorce, you will likely want to get started on your new life with your children. But, what can you do in New Jersey? There are tough child relocation laws on the books in the Garden State and we will explore them in this post.
The Requirements to Move Out of New Jersey
Under the child custody relocation laws in NJ, a parent who wishes to move with their child out of the state after going through a divorce must do the following before making the move:
- Receive consent from the other parent
- Obtain a court order that grants permission
- Flee immediate risk of harm to the parent or to the child by the other parent (must be reported within 24 hours and provide the reason why)
Please note that relocating a child within the state of New Jersey does not require approval from the court, even if the other parent disagrees with the move or protests against it.
Valid Reasons for Child Relocation
The good reasons to relocate a child from New Jersey to another state include any of the following:
- For the parent to continue their education or for the child to do the same
- For the parent to begin a new job (must be an actual job offer)
- Move closer to other family members who can assist with the care of the child
- Move to an area in the country that has a better cost of living
What Considerations Must the Court Take?
When requesting to relocate your child from New Jersey, the court must take into account the following considerations:
- The willingness of the parent to accept custody of the child
- Safety factors
- The ability of the parents to agree
- The interaction of the child with his or her parents and siblings
- The needs of the child
- The education of the child
- The extent and the quality of the time spent with the non-custodial parent
- Whether or not the parent is fit enough to relocate with the child
- The geography of the move
- If there is any history of domestic violence
- If there is any history of custody interference
- The preference of the child
Child Custody and the Military
If you serve in the military, you can rest assured that the state of New Jersey will do everything possible to protect your child and your right to custody while you are deployed. The law that governs military relocation and child custody is NJ Rev Stat § 9:2-12.1 (2013). This law provides for the following:
- There can be no permanent orders issued that alter a current child custody agreement while you are deployed
- Any part military orders, or current or future orders, cannot be used as the sole reason to alter a child custody order
- Any custody order that was put in place prior to deployment should be reinstated when the military parent returns from deployment
Want to Relocate with Your Child? Contact DeZao Law Today
If you want to relocate with your child somewhere else in New Jersey, or to another state from the Garden State, you need to make sure you are not breaking any laws. The experienced team from The Law Offices of James C. DeZao, P.A. will be attentive to your case, quick to answer all of your questions, help write a child custody relocation letter, and help with how to win a child relocation case. Call our office at (973) 358-6134
to schedule a free consultation today.