CSG Law Alert: A New Year’s Challenge: Ready to Move and Start Over with a Child? Not So Fast …
A divorce or separation is often one of the most stressful times in one’s life. When there is a child in the mix, that stress can be ten-fold. Once the dust settles, you may be craving a fresh start out of State for both you and your child, or you may discover that your co-parent is making plans to move out of State. If that happens, what should you do?
Is out of State relocation permitted?
A parent is generally prohibited from relocating with a child out of the State of New Jersey without the express, written consent of the other co-parent, or permission from the Court. To convince a Court to permit a parent to move out of New Jersey with a child, a parent must demonstrate that a move is in the best interest of the child – not just in the parent’s best interest. Alternatively, if you are the parent opposing a relocation, you must show why the move is not in the best interest of the child. Just because a move may be good for a parent’s career, extended family or lifestyle does not necessarily mean that a Court would or should find that the move is best for a child – even if that move is just across the river to New York or to nearby Pennsylvania.
What does a Court consider when faced with a request for relocation?
In determining a child’s best interest, the Court looks to numerous factors, including but not limited to:
- The parents’ ability to agree, communicate and cooperate in matters relating to the child;
- The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;
- The interaction and relationship of the child with its parents and siblings;
- The history of domestic violence, if any;
- The preference of the child when of sufficient age to form an intelligent decision;
- The needs of the child;
- The quality and continuity of the child’s education;
- The fitness of the parents;
- The geographical proximity of the parents’ homes;
- The extent and quality of the time spent with the child prior to or subsequent to the separation;
- The parents’ employment responsibilities; and
- The age and number of the children.
No one factor is determinative, and all factors should be evaluated and weighed by the Court in determining whether or not a child relocation with a parent should be permitted. A Court may appoint an expert, generally a mental health professional, a psychologist, to render an opinion regarding a child’s best interest, based upon all of the facts and circumstances.
So, what does that mean for you, your child and your future?
It depends. Considering whether or not you intend to move before a divorce and the best interest factors early on is key to achieving the best possible outcome, whether that means challenging the move or making the move. For more on this topic, consult with the Family Law Group at CSG Law as soon as you contemplate making a move, or challenging your co-parent’s move.