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Relocation from New Jersey

Child Custody Relocation Attorney

After a divorce, applications by a custodial parent to relocate with the children have become more common. Such requests present heart-wrenching decisions. Inevitably, there is a clash between the custodial parent's interest in self-determination and the noncustodial parent's interest in the companionship of the child. There is rarely an easy answer or even an entirely satisfactory one when a noncustodial parent objects. If the removal is denied, the custodial parent may be embittered by the assault on his or her autonomy. If it is granted, the noncustodial parent may live with the abiding belief that his or her connection to the child has been lost forever. New Jersey's evolving case law has attempted to balance those competing interests. Call now to speak with a lawyer at the Law Offices of Kevin Crawford Orr.

Quality and Responsive Legal Services
Law Offices of Kevin Crawford Orr • (973) 824-5520

What does the Court consider on an application to relocate from New Jersey?

New Jersey courts decide all child custody issues in light of what is in the child's "best interests." It is not a matter of who is the better parent. Whenever a court hears a child custody matter under New Jersey law, the court shall consider the following factors:

  • (1) the reasons given for the move;
  • (2) the reasons given for the opposition;
  • (3) the past history of dealings between the parties insofar as it bears on the reasons advanced by both parties for supporting and opposing the move;
  • (4) whether the child will receive educational, health and leisure opportunities at least equal to what is available here;
  • (5) any special needs or talents of the child that require accommodation and whether such accommodation or its equivalent is available in the new location;
  • (6) whether a visitation and communication schedule can be developed that will allow the noncustodial parent to maintain a full and continuous relationship with the child;
  • (7) the likelihood that the custodial parent will continue to foster the child's relationship with the noncustodial parent if the move is allowed;
  • (8) the effect of the move on extended family relationships here and in the new location;
  • (9) if the child is of age, his or her preference;
  • (10) whether the child is entering his or her senior year in high school at which point he or she should generally not be moved until graduation without his or her consent;
  • (11) whether the noncustodial parent has the ability to relocate;
  • (12) any other factor bearing on the child's interest.

Contact Us

Do not go through the stressful and emotional process of a child relocation dispute on your own. At the Law Offices of Kevin Crawford Orr, we can help. Contact us today for more information.

Office Location: 33 Washington Street, Ste. 1010 | Newark, New Jersey 07102
T: (973) 824-5520 | F: (973) 824-1939 | E-Mail | Map & Directions