In New Jersey, a divorced custodial parent is prohibited from moving out of State with the parties’ children without the other parent’s consent or permission of the Court. Relocation of one parent with children is one of the most significant family law issues heard in court today. These cases are amongst the most difficult to settle and often result in protracted trial and appellate litigation. Even with parents living near one another, custody arrangements can seriously impact the noncustodial parent’s relationship with his or her child. Not having constant access to a child due to relocation can make sustaining a meaningful relationship even more difficult for both the parent and the child. Haber Silver Russoniello & Dunn is experienced in handling relocation cases and partner, Karin Duchin Haber, Esq. has taken such cases to the NJ Appellate Division and NJ Supreme Court. Experienced counsel is on your side if you are facing this issue in your divorce. Contact our New Jersey relocation attorneys today.
Relocation law was changed in New Jersey in August of 2017, when the New Jersey Supreme Court ruled that Courts must analyze relocation cases with a “best interest” standard. This means that a parent seeking permission to relocate with a child must prove that the relocation away from the other parent is in the best interests of the child. In making this determination, the Court must consider many factors including the nature of the bond between the child and each parent, the impact of the move on the child’s established relationships, education and social life, the reasons for the move, the reasons to oppose the move, and other implications of the child and custodial parent moving. Typically, when relocation is opposed, the Court will appoint, or the parties will independently retain, a mental health professional to conduct an evaluation of the child and family, to assist the Court with its determination. The evaluation process can be stressful and having attorneys who are familiar with the process and who can guide you through it is critical.
Whether you are the parent hoping to relocate or the parent opposing a move, relocation cases are emotional, complicated and difficult. Whatever your situation, it is important to have quality legal support in your corner. Contact Haber Silver Russoniello & Dunn for a consultation to discuss your legal matter.
If you believe that your ex-spouse has unlawfully taken your child out of the country, our firm is here to help. International child custody matters are governed by The Hague Convention. Such cases involve situations that may include one parent accusing the other of kidnapping or physically removing the child from the United States. Our lawyers are experienced and can recommend solutions to these complex issues. Our firm has successfully argued Hague Convention cases in the United States District Court.
Relocation can be a tumultuous legal matter. Whatever your position, having the right law firm on your side is in your best interests. For a consultation with a firm with significant international and domestic relocation experience, contact Haber Silver Russoniello & Dunn.
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