Relocating Children after a Divorce in New Jersey

The issue of relocation for a divorced parent who has custody of minor children can be a difficult one. By relocating children to another state, for example, the noncustodial parent's relationship and parenting time may be seriously hurt. In such cases, the noncustodial parent may not agree to such a move. This will require the custodial parent to seek approval from a family court to do so. Such a legal process can be lengthy and burdensome.

Family courts in New Jersey will look at several factors to determine if relocation may be allowed. These factors include the reasons for the move, the reasons why the noncustodial parent is opposing the move, what kind of history is involved between the two parents and with the courts, what the preference of the child(ren) may be if they are old enough to have a reasonable opinion, whether a child is entering his or her final year in high school, how likely it is that the custodial parent will encourage the child's relationship with the noncustodial parent if a move takes place, what the resources of both parents are, whether a visitation schedule can be worked out with the noncustodial parent that will allow the child(ren) a continued relationship, how the noncustodial parent will communicate with the child(ren), how the relocation will benefit the child(ren), and any other factors that may pertain to the case.

Custodial parents who wish to relocate should have a valid reason for doing so. To advance their case with the courts, they must provide a parenting plan that will demonstrate to the court how a strong relationship with the noncustodial parent will be upheld after the move.

Divorce Attorney in Bergen County, New Jersey

Divorce and related issues such as child custody and visitation, relocation, alimony, child support, and division of marital property and debts are notorious for creating upheaval, stress, and divisiveness between the parties involved. Understanding your legal rights and the ramifications of your decisions in a divorce is vital since your life may be impacted for many years to come. That is why experienced and trusted legal representation and guidance is crucial.

The Moskowitz Law Group, LLC is a divorce and family law firm based in Hackensack and serving clients in and around Bergen County with more than 22 years of combined legal experience. Lead attorney Moskowitz is the author of many legal articles concerning family law. Because of her outstanding legal ability, she has earned an "Excellent" rating by Avvo. Her associate at the firm has been included in the list of Rising Stars by New Jersey Super Lawyers for the years 2012 and 2013. They provide legal services to clients in English, Hebrew, and Russian. To learn more about how they can help you with a divorce or family law matter, contact the firm for a free case evaluation.