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After a divorce, it is often the case that one spouse wishes to move away with his or her child. However, the law surrounding doing so is quite complicated, which is why if you wish to move away with your child, you must continue reading and speak with our experienced Bergen County family law attorneys to learn more about child relocation after divorce and how we can help. Here are some of the questions you may have:

Am I allowed to move away with my child after a divorce?

There are very specific guidelines when it comes to child relocation in New Jersey. If you share child custody and you are looking to move somewhere close by, say, 15 minutes away, then you most likely will not require court permission to relocate with your child after a divorce. However, if you are looking to move farther away or out of state, and this move would make it unreasonably challenging for your former spouse to see your children according to your initial child custody agreement, you will either have to obtain permission from your former spouse, or from the court to relocate with your child.

How do New Jersey courts determine child relocation after a divorce?

New Jersey courts consider several different factors when it comes to allowing a parent who jointly shares child custody to relocate with their child, though their primary concern is whether the move will be in their child’s best interests. If NJ courts determine that the move would benefit your child emotionally, socially, educationally, or economically, you may be granted the right to relocate. To make this determination, they will consider the following:

  • Your former spouse’s reason for opposing the move
  • Whether you wish to move to a safer neighborhood or area
  • Whether you are looking to move away from a dangerous former spouse
  • Whether you are moving to have your child attend a better school
  • Whether you wish to move in with a new spouse or partner
  • Whether you want to move so you can attend higher education to benefit your family economically
  • Whether you wish to move so you can take a better-paying job
  • Whether this is your child’s senior year in high school
  • Any other factor the court deems relevant


Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.

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