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Relocation Impacts on Custody in NJ

When parents share custody of a child, there are a lot of issues that may arise regarding the amount of time spent with the child. This becomes an even greater problem when the custodial parent wishes to move out of state with the child. In New Jersey, the custodial parent is not permitted to move out of state with the child unless the other parent gives permission. If the noncustodial parent contests the move, the custodial parent may have to take the issue up in court to obtain permission that way.

In August 2017, New Jersey actually changed the way it assesses relocation requests. The New Jersey Supreme Court ruled that any time a relocation case is heard, it has to be assessed according to the “best interest” standard. This simply means that any parent who wants to move out of state with the child will have to prove to the court that the move is in the best interests of the child. This can be difficult, especially when it means that the relationship between the child and the noncustodial parent may suffer as a result of the move.

The court will assess a number of different matters when trying to determine what is truly in the child’s best interests. If you are a parent who wishes to relocate or if you are contesting the relocation of your child with the other parent, contact our firm today.

If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.

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