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NJ Child Relocation

New Jersey Child Relocation—More than Just a Move

When a custodial parent wants to physically relocate a child away from a non-custodial parent, particularly outside of the State of New Jersey, there are more than just emotional issues that need to be addressed. Generally, consent from the non-custodial parent or a court order is required to permit the custodial parent to relocate with the unemancipated child. Specific case law—in NJ child relocation cases—speaks to this issue in a number of important ways. Therefore, it would be in your best interest to become educated about your options before taking any actions which may impact the outcome of your NJ relocation child custody case. Conferring with a seasoned NJ child relocation lawyer (New Jersey divorce attorney) is the first step towards achieving this goal.

New Jersey Child Relocation—Questions the Court May Ask

Relocation child custody cases involve several factors which the New Jersey court will assess before making any determinations. Depending on the specific circumstances of your family, the NJ court may ask a number of questions, including:

  • What type of New Jersey child custody arrangement currently exists?
  • What is in the best interest of the child?
  • Is the custodial parent looking to relocate outside the State of New Jersey (NJ) for good faith reasons?
  • Have circumstances changed since the original NJ child custody and parenting time court order or agreement?
  • Is the purpose of the New Jersey child relocation intended to prevent the non-custodial parent from having contact with the child?
  • Should the relocation agreement be granted, what activities, medical care, and education options will the child have in the new residential location?
  • Is the relocation out of the State of New Jersey going to be beneficial or detrimental to the child?
  • Will the relocation of the child outside the State of New Jersey be detrimental to his or her relationship with the non-custodial parent?
  • Has a reasonable child visitation plan been proposed if the relocation agreement is allowed?

New Jersey Child Relocation—Educate Yourself

These questions and other NJ relocation child custody issues will likely be addressed by the courts in order to ascertain whether or not a relocation application will be granted. It is imperative for your case to be handled by a savy and skilled NJ child relocation lawyer (family law attorney), as numerous, relevant factors and case law play a vital role in the courts' decision making process.

For more information about child relocation, case law, and standards regarding child custody relocation outside of the State of New Jersey, please read our comprehensive article on the subject entitled, "Burden of Proof in Removal Cases: Who Has It - What Is It?"

The NJ child relocation attorneys at Weinberger Divorce & Family Law Group confidently represent parents as they deal with these difficult issues. Whether you are seeking a child custody relocation outside of the State of New Jersey or looking to prevent your child from being relocated away from New Jersey, please contact us today for a consultation with one of our premier NJ family law attorneys.