02 Feb New Jersey Proposes New Law Regarding Relocation of Children After Divorce

Child custody cases become more complicated when one parent wishes to move out of state. Many factors need to be considered in a move-away divorce, which is why New Jersey Legislature proposed the New Jersey Relocation of Children Act in November 2015. The act focuses on whether the relocation is in the best interest of the child, rather than if it would be harmful to the child.

Previous legislature allowed for the custodial parent to remove the child on the assumption that their life would be better without requiring proof. This law will give the courts the ability to rule on a case-by-case basis instead of a blanket ruling. There is a large probability that the act will pass, and allow for everyone involved in these complicated child custody cases to focus mainly on the child’s rights.

Under this statute, if the non-custodial parent objects to the out-of-state move, then all parties must stay within the state until the courts have made a decision. If the child is removed from the state without permission, the court can authorize the return. The parent who wishes to move must supply their reasoning and offer a realistic revised schedule for the non-custodial parent.

If the statute passes, the following factors will be considered when making a judgment:

• How the child feels about the move (if they are of an age and maturity to do so)
• The mental, educational, medical, and financial needs of the child
• The relationship the child has with the non-custodial parent and how it would be affected
• What the proposed change in the parental plan is.
• The reasons for both parents to seek or object to the move
• History of emotional and/or physical abuse
• How the move would impact the extended family and social structure of the child
• The courts ability to enforce the ruling
• The ability for the non-custodial parent and other family members to visit
• How the quality of care would change

New Jersey’s Relocation of Children Act will put the focus back on the child instead of the parental circumstances. Divorce is a difficult process for children to go through, and moving out of state can sometimes provide a larger disruption in their quality of life. The New Jersey Legislature proposed this act in the hope that the best interest of the child can become the new precedent in child relocation cases.

If you need assistance with a child custody dispute, please contact the Law Offices of Jeffrey M. Bloom using the form on this page or call (855) 208-3650 today to schedule a consultation. We serve clients in West New York, and throughout Hudson County and Bergen County, New Jersey.