Family Law Attorneys Handling Parental Relocation and Child Move-Away Cases
Separation and divorce are emotionally difficult for everyone involved, especially the children. Most custody and parenting time agreements establish schedules and arrangements that allow adequate time and healthy on-going relationships with both parents. When one parent wants to relocate with the children to another state, or even another country, those schedules and relationships will be substantially impacted. A parent who seeks to relocate outside of New Jersey with the children must either have the consent of the other parent or obtain a court order permitting the move. If you move without consent or a court order, you may face sanctions or even lose your custody rights.
At Shimalla, Wechsler, Lepp & D’Onofrio, LLP, our attorneys are experienced in representing clients in requesting and in opposing relocation. We recognize that very few issues can be as potentially divisive as a parental relocation. You can depend on us to do everything we can within the law to seek an outcome that protects your relationship with your children.
New Courts Look at Many Factors When Considering a Parental Relocation Case
Under New Jersey law, courts must consider several factors in deciding whether to permit relocation. Some of those factors are:
- The reason for the move (whether it is a good faith reason, such as a new job, or not a good faith reason, such as simply for the purpose of preventing the other parent from seeing the children)
- The distance of the proposed move
- The ability of the other parent to see the children and maintain a relationship
- Whether the move would be detrimental to the children
- The advantages or disadvantages for the children in the new location; and
- Whether the other parent would also be able to relocate
If you are considering relocating with your children outside of New Jersey, or if you need to challenge a move proposed by the other parent, you need sound legal advice immediately. Our lawyers will counsel you as to your rights, your potential for success, and possible ways to negotiate an arrangement that will work for everyone in the family.
Contact Shimalla, Wechsler, Lepp & D’Onofrio, LLP
From our office in Warren Township, our family lawyers represent clients throughout Somerset, Hunterdon, Warren, Middlesex, Union, Morris, Monmouth, Mercer, and Essex counties, and beyond. Call us at 908-922-4238 or complete our online contact form to schedule a consultation.
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