We duly note on our family law website at the Somerville Law Office of Rajeh A. Saadeh that a New Jersey parent has a constitutional right to live wherever he or she pleases.
That prerogative comes with a caveat, though, where children are concerned. When a mom or dad with custody of the kids seeks to relocate, the interests of a noncustodial parent are also implicated. And, of course, the children’s best interests must be closely considered.
We last took a studied look at New Jersey parental relocation in a firm blog post some time back. We spotlighted in our September 28 entry from 2017 a state Supreme Court ruling that brought kids’ best interests to the fore in any judicial analysis concerning a parent’s sought relocation. Former state law presumed a move with kids was acceptable when a parent was acting for a good-faith reason and relocation wasn’t deemed overtly harmful to a divorced couple’s children.
The revised law dismissed that presumption in favor of a relocation standard that now simply analyzes a move based on its impact upon children. Quite simply, is it in their best interests?
Obviously, due consideration of that can get complex in a hurry. We stress on our website that divorce-linked parental relocation “is one of the most contentious issues in family law.”
That potential for both complexity and acrimony can make close and tailored input from a proven family law attorney an imperative in a relocation matter.
We welcome contacts to our firm concerning questions or concerns regarding relocation or any other New Jersey family law matter.