Relocation

When a Divorced Parent Wants to Move Away

It sometimes happens that the primary custodial parent wants to move to a distant city, another state, or even overseas -- with the child. For reliable advice and attentive client service in this delicate situation, contact an experienced family law attorney at the Law Office of Gary J. Natale in West Orange.

We can represent either parent in this situation, and advise you of your rights and responsibilities. If you're the parent proposing the relocation, we can help you accomplish your objectives on reasonable terms without running any risk of federal kidnapping charges. If you're concerned about the effect of the proposed relocation on your shared custody or visitation rights, we can present your interests to the other parent for negotiation and settlement, or if necessary, to a judge for a binding order.

A New Jersey judge will usually grant a legitimate request for relocation

New Jersey’s established case law addresses specific factors which must be addressed by the parties in determining a custodial parent’s request to locate to another state or country. The custodial parent who wants to relocate must first obtain a court order allowing said relocation. If a valid visitation schedule is in place for the other parent, moving away without the court's permission is a violation of the visitation order in place and a federal crime if state lines are crossed.

The party proposing the move should give the reasons for the move and describe the measures he or she will take to protect the other parent's interest in maintaining a significant relationship with the child. The other parent will have the right to ask for such concessions as reduced child support, travel allowances, and a revised visitation schedule that operates in terms of summer vacations rather than weekends.

The party remaining behind must act to protect his or her interests

Once you receive notice that a parental relocation out of state is in the works, you should seek a lawyer's counsel immediately to protect your interests. If you ignore the other parent's request for permission, the court will not let you complain about it later.

New Jersey family law attorney Gary Natale can work with parents to find reasonable solutions to relocation problems. For additional information, contact his office in West Orange.