Legal Considerations When A Custodial Parent Seeks To Relocate
New jobs, new relationships or a desire for a change of scenery can lead to exciting possibilities in seeking new locations. However, if you have children and you are divorced, moving out of state is not as simple as packing up your things and leaving. You have to provide a legitimate reason for your move and explain, in detail, how you are going to maintain your custody and child support agreements after you move.
If your former spouse is planning a move, you may be concerned about what this means for you and your future with your child. Regardless of the side on which you may find yourself, experienced legal representation is essential. At Cipriano Law Offices, P.C., our lawyers work with a variety of individuals who are working through the complexities of relocation. Our clients may be moving in-state, out of state or internationally. The greater the distance, the more complex the law becomes.
When a parent wants to move with a child at the time of a divorce, or when a child custody order is in place, New Jersey family law statutes require that parent to obtain a child custody and parenting time court order allowing the move. Parents may agree to the parent moving away with the child, however, relocation matters are often contentious and the legal issues are not necessarily easy. Changes of address in divorce are common, to some extent, and our attorneys are fully versed in addressing child custody disputes in divorce. However, when the relocation occurs when an existing child custody and parenting time court order is in effect, a relocating parent must seek a court order to modify the existing custody order.
Moving Across New Jersey With A Child
Moving a child within the state when a current custody arrangement is in place requires the agreement of the other parent, or permission from the court, if the distance from the current residence would create difficulty or conflict with how the current custody arrangement is carried out. In-state relocations may involve threshold disputes regarding the difficulty in maintaining the intent of the current arrangement, as well as issues concerning whether the move is in the best interests of the child. These in-state move-aways have a large gray area that require detailed legal and factual analysis from an experienced legal team.
Moving Out Of State With A Child
When the relocation crosses state lines, moving with a child to a new state clearly requires modification of an existing court order involving the child custody and parenting time arrangements. At Cipriano Law Offices, P.C., our legal team has the comprehensive experience in family law mediation and child custody determinations to understand how to investigate and evaluate the difficult legal issues that arise in parental relocation disputes. New Jersey courts focus on the children. It is often difficult for relocating parents, or parents opposing a custodial parent moving away with the children, to face these personal and (in many ways) life-changing custody disputes.
Dedicated Child Relocation Attorneys Serving Northern New Jersey
Our child relocation attorneys are dedicated to helping our clients understand how the law functions. Taking a team approach to each case, we are constantly assessing if your choices serve the best interests of your children. We know you want what is best for them, and we are dedicated to help you determine what this looks like. We do this by providing practical, straightforward solutions to your problems, regardless of how complex they may seem.