How Do NJ Courts Handle Parental Relocation?

Going through a divorce can turn your life upside down, disrupting your daily life and, in some instances, forcing you to make changes. One substantial change that may occur following your divorce is a move. Unfortunately, many parents are unsure how a considerable move from their ex will impact the current custody arrangement. As such, the following blog explores your legal options, including the importance of working with New Jersey relocation attorneys to help you navigate these difficult times.

What Impact Will Parental Relocation Have on Custody?

Parental relocation is a serious issue that the courts must carefully navigate. In general, it’s important to understand the factors the courts must take into consideration when determining whether or not to change the custody arrangement as a result of one parent’s relocation. In general, only moves that are a substantial distance away, regardless of whether or not the parent moves out of state or remains in New Jersey, the court could change the current arrangement in place.

Typically, if a custodial parent wants to move and bring the child with them, they will need the consent of the other parent to do so. If the other parent does not consent, however, they’ll need to petition the court to modify the custody arrangement. Because this is a significant change in the current arrangement, it’s necessary to understand the factors the court will consider. In addition to determining whether or not a modification is in the best interest of the child at the center of this matter, the court will also take the following into consideration:

• Why you are relocating
• If you are relocating closer to family members
• If you are relocating out of safety from your ex-partner
• Why your ex-partner opposes the move
• The viability of your child spending time with both parents

What Should I Do if I Need to Move?

If you are the custodial parent and you need to move, understanding how to proceed is critical. In general, the most important thing you can do to protect yourself is to immediately connect with an experienced attorney to help guide you through this process and fight for the best possible outcome on your behalf.  As the parent petitioning to change the custody arrangement, the burden of proof will fall to you. As such, you must prove that this move is in the best interest of your child.

Working with an experienced attorney is imperative, as this process can be incredibly difficult to navigate. As such, the team at Haber Silver Russoniello & Dunn is ready to help you fight during these difficult times. When you need assistance, contact us today to learn how we can best represent you during these difficult times. Contact us today to discuss your circumstances with our firm.