Deciding child custody is often one of the most difficult aspects of divorce. Certain family circumstances or situations can add even more layers of complexity. Are you or your co-parent planning to move out of state — or overseas? Do you have a special needs child? Are you ensnared in a high conflict divorce and feel at risk for parental alienation? Even in the midst of the most complicated child custody matters, have peace of mind that solutions are available to protect your children and secure your rights as a parent. Learn about your custody options in these special situations.
Relocation Out of the State of New Jersey
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 the divorce or post judgement (after the divorce 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
New Jersey’s 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 custody arrangement.
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 a child custody matter 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
- Boarding schools or group homes
- Social Security income
- 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.
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. Our experienced custody attorneys will help you fight against international kidnapping and protect your parental rights.
If you are facing complex child related issues, you will need an attorney whose practice is exclusively devoted to New Jersey family and matrimonial law. We have the compassion, dedication, and experience to help you fight for your rights as parents and the rights of your children. Take the first steps towards a brighter future with your kids. Call us today to schedule your initial consultation: (888) 888-0919.