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Complex New Jersey Child Custody Issues

Divorces in New Jersey are rarely ever simple. Nearly every NJ divorce case, which includes a New Jersey child custody component, has the propensity to become a complex divorce matter. A wide variety of situations can turn an otherwise amicable dissolution into a whirlwind of emotions and disputes. Complex NJ child custody laws and related divorce litigation can include international kidnapping, relocation out of the State of New Jersey, parental alienation, and issues related to children with special needs.

Relocation Out of the State of New Jersey

In order for a child to be relocated out of the State of New Jersey, the moving parent must obtain the other parent's consent. If there is no such consent, then a court order will be required to authorize the relocation. This complex issue of moving children away can arise either during a New Jersey divorce or after the divorce (post judgment matter) is finalized. The three most common reasons for relocation after an NJ divorce are:

  • One parent wishes to remarry and move out of State with their new spouse
  • One parent is offered a generous relocation package through their employer or must relocate for job security
  • One parent is seeking to move out of State in order to be close to a support system of other family members

The New Jersey relocation laws and standards are different if the move impacts child custody, such as modifying custody from a shared physical custody arrangement to joint legal custody. Before applying to the court for relief, it is important to understand the issues that may comprise your specific {NJ child custody} arrangement.

Parental Alienation

If you have experienced persistent interference with your New Jersey child custody or parenting time rights, then you may be a victim of parental alienation. An alienating parent's actions can brainwash a child into rejecting the other parent, which can ultimately cause significant harm to both the child and the other parent. Examples of misconduct that could be considered parental alienation are:

  • Badmouthing of a parent
  • Canceling scheduled visitations without justification
  • Purposely scheduling activities for the child which interfere with the other parent's visitation time

New Jersey judges who recognize that one parent is intentionally harming the other parents' relationship with the child will tend to intervene.

Children with Special Needs

When an NJ divorce case involves a child with special needs, it involves a multitude of factors such as:

  • Medical and mental health issues
  • Child study teams
  • IEPs, personalized education, and tutoring
  • Individualized child caretaking
  • Immobility
  • Boarding schools or group homes
  • Social Security income
  • Disability
  • And more

If your child has special needs, it is important to thoughtfully address child custody, parenting time, and the vast number of unique financial aspects to ensure that your child has the proper support and specialized attention he or she needs.

International Kidnapping

The International Parental Kidnapping Act deems it a federal felony to either:

  • Remove a minor child from the United States, or
  • Retain a child outside of the United States with the intent to obstruct lawful exercise of parental rights

If your child was improperly taken, and you are fighting for your child to be returned to the United States or another country, then you will need a New Jersey child custody lawyer who understands the intricate jurisdictional laws, Hague Treaty, and cultural issues that will play a role in your child custody matter. The experienced New Jersey child custody lawyers at Weinberger Divorce & Family Law Group, LLC, will help you fight against international kidnapping and protect your parental rights.

If you are facing complex child related issues, you will need a New Jersey child custody lawyer whose practice is exclusively devoted to New Jersey family and matrimonial law. At Weinberger Divorce & Family Law Group, our New Jersey divorce lawyers have the compassion, dedication, and experience to help you fight for your rights as parents and the rights of your children.