Can I move out of state with my child if I have sole custody?
If you have sole physical custody of your child in New Jersey, you may move out of state with your child only if you have the written permission of the court. You will have to apply for permission by filing an application for relocation. This must be done prior to moving out of state. Before granting your request, the court must consider several factors, including the child’s welfare, the wishes of the other parent or guardian, and the impact on the parent/child relationship. The court must also consider the emotional, physical, and developmental needs of the child and the factors that make the new location and environment beneficial for the child’s growth and development. The court will also take into account how the move will affect the relationship between the child and the other parent. If the move will make it difficult or impossible for the non-custodial parent to have regular contact with the child, the court may deny your application. In addition, if the other parent objects to the move, the burden is on you to demonstrate to the court that the move is in the best interests of the child. If the court believes that the move is not in the child’s best interests, the court may deny your application.
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