Relocation from New Jersey
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 New Jersey relocations/move-away attorney at the Law Offices of Gary J. Natale, P.C., 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 child 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.
If you or your ex-spouse wants to move your child away contact the law offices of Gary J. Natale to discuss your options.
A New Jersey Judge Will Usually Grant a Legitimate Request for Relocation
New Jersey’s established case law outlines specific factors that must be addressed by the parties in determining a custodial parent’s request to relocate to another state or country, including:
- The parties’ history
- The reasons for the relocation and the issues opposing the relocation
- The child’s chance to receive equal opportunities and accommodations in the new location
- Whether the noncustodial parent will be able to continue a significant relationship with the child, and the custodial parent’s ability to help foster that relationship
- How the move will affect the child’s relationship with extended family members
- The child’s preference and age
- Any other factor that could affect the child’s best interests
The custodial parent who wants to relocate must first obtain a court order allowing the 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-away 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 act on it later.
In most circumstances, parental relocation and motions to modify child support /child custody modifications come hand-in-hand. We have extensive experience in both areas of law.