Factors Considered by the Courts When Evaluating a Potential Move
In today’s highly mobile society, it’s far more common for parents who have divorced to gravitate to different parts of the state or the country. Though New Jersey mandates that the courts consider the “best interests of the child” when ruling on matters of custody and visitation,that doesn’t mean the courts won’t allow a custodial parent to move away from the non-custodial parent. In many situations, a custodial parent may not relocate without obtaining the approval of the court. In addition, there are fairly specific factors the court will consider before granting such a request:
- The reason for the move—Is the reason one that will ultimately benefit the child? The courts have consistently held that there must be a good faith reason for the move, and that the move must not be contrary to the best interests of the child
- The non-custodial parent’s motivation for objecting to the move—Likewise, will denying the move be best interests of the child
- The wishes of the child, if the child is determined to be old enough to make an informed decision
- Whether the child has any special needs or talents that will be accommodated in the new location
- Whether the relocation will still allow the non-custodial parent to have a full and continuous relationship with the child
- The perceived likelihood that the custodial parent will promote and encourage a positive relationship between the child and the non-custodial parent if the move is allowed
- The child’s educational level—the court typically frowns on relocations before a child’s senior year in high school
- The impact the move will have on the child’s relationships and access to extended family members, such as grandparents
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At the Cintron Firm, LLC, we bring more than 14 years of experience men and women in all matters related to family law and divorce. To set up an appointment, contact our office at 201-791-1333 or (201) 535-0323 or send us an e-mail.
