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There is nothing more important to any good parent than looking after the well-being of their child. When parents get divorced, however, it may become harder to do so, especially when both parents have a say in decision-making and don’t necessarily agree on everything. Further, as life changes, sometimes relatively quickly and significantly after a divorce, it’s not uncommon for one parent to want to move away, and often, they want to take their child with them. Of course, if it’s a move down the block or even a town over, this typically isn’t a big deal, and most parents won’t object. However, if a parent is looking to leave the state with their child, it may drastically interfere with their child custody agreement, and it’s not uncommon for the other spouse to oppose the move. Please continue reading and reach out to our experienced Bergen County child relocation attorney to learn more about relocation cases and how our firm can help preserve your child’s best interests.

What do courts in New Jersey consider when deciding on relocation cases?

Courts in New Jersey will consider a wide range of factors when determining whether a parent can move away with their child. To start, they will consider the current custody agreement in place. If one parent has sole physical and legal custody of the child, they likely will have a right to move wherever they’d like with their child. That said, if both parents share physical and legal custody, it won’t be as clear-cut of a decision. At this point, they will consider the following:

  • The parent’s reason for wanting to move away
  • The other parent’s reasoning for opposing the move
  • Whether the move would benefit the child’s best interests

The primary factor courts consider is a child’s best interests. For example, if you want to move away so you can get a higher-paying job that would enable you to better provide for your child financially, they may take this into consideration. If you’re looking to move to a better school district to improve your child’s education, they may also consider this. If, however, your reason for moving is simply because you’d like a change of scenery, yet the move would take the child out of school, affect the relationship he/she has with their other parent, and otherwise adversely impact the child, they will likely deny the move. If you have any further questions or you would like to speak with an attorney, give us a call today.


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, contact McNerney & McAuliffe today.

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