Landmark ruling changes standard for parents who want to relocate

On Behalf of | Aug 24, 2017 | Family Law

Most divorced parents in Mount Holly who share custody cherish the time that they get to spend with their children. Courts usually work hard to ensure that parenting time is split fairly and in a way that benefits the children the most. However, when one parent wishes to rock the boat by moving away, it can cause big problems.

In the past, if one parent wished to relocate with a child, the court would consider whether or not such a move would hurt the child in any way. The assumption was that if the custodial parent was happy and enjoying a good standard of living, then the child would also be happy. And with modern technology such as video chats and text messages, communicating with a noncustodial parent who lives far away is easier than ever before.

However, a recent ruling by the N.J. Supreme Court has changed that standard, requiring courts to consider whether the relocation would be in the best interest of the child. Allowing the child to move away from his or her other parent may not necessarily do the child great harm but it is generally accepted that having regular access to both parents is in a child’s best interest.

While many shared parenting issues are worked out at the time of the divorce, it is not always possibly to anticipate every circumstance that may arise. Parents who are dealing with a custody situation involving a potential relocation may wish to contact an experienced attorney.

Source:, “Court changes rules for divorced parent who wants to leave N.J. with child,” Justin Zaremba, Aug. 10, 2017