Relocation

Divorce or separation from your spouse can be emotionally draining. When the parties to a divorce or separation have children then a whole new set of concerns are created. When children are involved the parties must consider issues such as financial support and custody of their child. The parties may agree on the terms of the arrangements or leave it in the hands of the Court to make such a determination. New Jersey Courts will consider what is in the best interests of the child in awarding custody. New Jersey Courts will also consider other factors. The Court will either determine that one party will be designated as the parent of primary residence and the other parent as the parent of alternate residence or that the parties will share joint legal and physical custody.

An issue arises when one parent who is the custodial parent decides that it is in the best interest of the parent and the child to relocate to a different state. New Jersey public policy fosters continued parental contact with the child. So disputes arise when the custodial parent decides that relocation is necessary for both the parent and child but the non-custodial parent objects to the relocation as a hindrance and interference to the non-custodial parent’s visitation rights.

Pursuant to N.J.S.A. 9:2-2, a custodial parent may not relocate a native child of New Jersey without the consent of the other parent. Removal of the child from the State of New Jersey can have serious effects contrary to the best interest of the child and a parent’s visitation rights. However, a custodial parent may relocate with his or her child by Court Order through a showing of good cause. The purpose of the statute is to preserve New Jersey public policy of maintaining a continued relationship between parent and child.

The custodial parent must make a showing to the Court that he or she has a good faith reason to relocate and that such relocation is not inimical to the best interest of the child. After the custodial parent has made this showing, the Court will then make its determination based on several factors. The Court will consider the reasons for the move, reason for the opposition, the availability of opportunities in the different state, special needs of child and health and education opportunities in the different state, the effect the move will have on the parents visitation rights, etc.

Contact Juzmeski Law Firm Today for Schedule a Consultation.

Relocation poses serious problems and hotly disputed issues for the custodial parent to consider. It is important that necessary steps be taken and a proper application be made to the Court.

It is highly important that you contact New Jersey Divorce Attorney to help you with your child relocation matter. Contact the Juzmeski Law Firm by email or call (201) 288-2250 to schedule a Consultation.

All initial consultations and further communication with your attorney through the life of your matter will be held of utmost importance and confidential so that we may discuss your matter and any issues of concern in an open and candid, professional environment.

The Juzmeski Law Firm proudly serves and represents clients all across Northern and Central New Jersey with our office located at 1 US Highway 46, Suite 1, Elmwood Park, New Jersey.