After your divorce is finalized, it is understandable if you want a fresh start, likely starting with changing your place of residence. What may be driving you more toward a major move is if now, as a single parent, you wish to be closer to your extended family who can help with childcare. Or, if you need to take a different job that allows you to support your child better financially. However, picking up and leaving with your child at the drop of a hat, so to speak, may not be feasible. That said, please read on to discover whether you can relocate with your child after your divorce and how a seasoned Morristown child relocation lawyer at Graves Andrews, LLC can help you do so legally and appropriately.
Am I able to relocate with my child after my divorce?
Whether the New Jersey family court granted you joint physical custody, partial physical custody, or scheduled visitation rights over your child, relocation is something with significant effects. That is, you may be allowed to move anywhere within the state so long as it does not impact your current parenting plan.
For example, say that you currently have partial physical custody over your child, in which the court has ordered your child to stay with you on specific weekday evenings or a set number of hours per week. Well, say that you then move anywhere from 75 to 100 miles away from your child’s primary residence. These weekday or prolonged stays at your place may seriously disrupt their school schedule and overall routine.
In a case like this, your arrangement may have to change to only having scheduled visitation rights. With this, you may now have your child for extended periods during school breaks and summer breaks, long weekends, and observed holidays.
What factors should be considered before relocating with my child?
You may admit to yourself that your relocation is drastic, especially if it is out of state. If so, you must go back to the New Jersey family court that handled your original divorce case and ask that they modify your custody and visitation order. You must go into these legal proceedings knowing well enough that these modifications may work to your disfavor; as your child’s best interest is the ultimate priority. Without further ado, the court may look into the following factors:
- Whether your move will benefit your child economically or educationally.
- Whether your move will bring your child closer to their extended family or otherwise help them socially.
- Whether your move will have a significant impact on your child’s relationship and bond with their other parent.
- Whether your child is of a mature enough age to voice their opinions on a custody/visitation arrangement.
- Whether you and your child’s other parent can afford extra travel expenses for a new custody/visitation plan.
There is no sense delaying your divorce proceedings if you know parting ways with your spouse is in your best interest. So please get in touch with a competent Morristown family law attorney today.
