A family home is filled with memories. Many people tick off their children’s heights on the walls, other homes are filled with souvenirs from various vacations. As a result, it is common to wish to leave your family home after a divorce, as your home may be filled with reminders of your marriage. Unfortunately, moving away can be complicated if there are children involved. Read on to learn more about relocating with your child after a New York divorce.
Can I leave the state with my child?
Typically, moving a short distance away will be acceptable. However, moving to a different part of the state can be more complicated. Moving out of state with your child will require the permission of your ex and/or the New Jersey court. If your ex does not give you permission to move with your child, you will have to go through the court.
What does a court consider when making a relocation decision?
Courts will consider several factors, though the most important thing is that the relocation is ultimately in your child’s wellbeing. Some of the factors that the court will consider are as follows:
- Your custody arrangement
- Whether the move is necessary
- Whether you are moving to live with a new spouse
- Whether you are now pursuing higher education or a new job
- Whether you are moving to significantly improve the quality of your family’s life
- Whether you are moving to keep your child or family safe
- Whether you need dire medical treatment
- Whether you wish to move closer to your extended family
- Whether your child has a preference, if he or she is mature enough to make that decision
- Your reasoning for the move, or your former spouse’s reasoning for opposing the move
- Whether your former spouse is capable of relocating as well
- The opportunities available for your child in the new location
- How the move will overall affect the quality of your child’s life
If you are looking to move out of state with your child, you will need the help of an experienced family law attorney. This process can be difficult. Not only do you have to prove that the move is both necessary and beneficial for your child, but your ex can also present evidence against you. Our firm will fight for you and your child.
Contact our Firm
The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.