Child Relocation Requests Navigated by a Family Law Attorney in Wayne/Totowa, NJ
Relocation or removal of children after a divorce can be a complex situation, and working with an attorney is helpful to navigate the process. The court considers many different factors when relocation is proposed, and decisions are made on a case-by-case basis. There are set criteria that are reviewed in child relocation and removal cases, all of which may contribute to the final ruling. At Maria A. Giammona Law, LLC in Wayne/Totowa, NJ, our family law attorneys have successfully helped many parents resolve relocation issues. To learn how we can assist you, contact us today for a consultation.
Requests for relocation are more likely to be considered if current visitation and custody agreements have been honored by both parents, as it shows the court that the parties are willing to work together for the benefit of the child or children involved. If the parents share joint physical custody, the situation may be more complicated to resolve. No two situations are exactly alike, so the court will look at the big picture before deciding on relocation. Generally speaking, it’s important to note that moving out of state without a custody agreement is not an option in the State of New Jersey.
Custody and relocation
It may still be possible for you to move if you have joint custody based on multiple factors. An attorney can help you sift through the legal requirements to see if your situation is favorable. The State of New Jersey now allows a parent to consider moving out of state with a child if the non-custodial parent does not object, among other factors. We are able to help you learn more about the various evaluations for a relocation request, and we can file any associated paperwork for you.
The established guidelines are designed to protect the child by providing the benefits of a stable home base where both parents are involved in raising the child. Even so, under some circumstances, moving may also be in the best interests of the child, although if the non-custodial parent objects, the parent with custody must furnish proof of disapproval. In addition, the court allows the child/children a say in the matter if they are of legal age to weigh in on the issue, which in the State of New Jersey is 14. An exception is made if the child is a senior in high school, as it is not an option to move a high school senior out of state.
Technology and custody
Today’s technological world offers many ways for parents and children to keep in touch with one another. Between mobile phones, social media channels, and video chat, it’s easier than ever to maintain a connection. Courts throughout the United States are increasingly taking these factors into account when they make custody decisions, and the State of New Jersey is no exception. If you’d like to learn more about a particular relocation statute or are interested in pursuing a change in residence with your child, contact the family law attorney at Maria A. Giammona Law, LLC in Wayne/Totowa, NJ, for a consultation.