New Jersey Parental Relocation Lawyer
Following a divorce or a separation, or sometimes during the divorce process itself, one parent may desire to move to a new location, often out of state. The reason for the desired move could range from obtaining a new job to needing to be closer to aging parents, to a desire to merely relocate and start all over with a fresh start. When children are involved, however, moving away is not always simple nor can it be done unilaterally without the written consent of the other spouse or alternatively a Court Order.
The Law Offices of Douglas I. Krompier represents men involved in parental relocation matters. Our male clients include those men who are seeking to relocate, as well as those men who are challenging the ability of the mother to move away and take his children with her. Men face many challenges regarding child custody and visitation. Relocation is one of those challenges which may effect the father’s relationship forever.
If a Parent Wants to Relocate Within New Jersey
The general rule is that a parent does not need to obtain approval from the court in order to move to a new city within the state of New Jersey. A possible exception to this would be in a situation where the parent wanted to take the child and move from one end of the state to another, which is a fairly large distance and could impact the child’s relationship with the other parent.
Relocation to Other States
However, in shared custody arrangements, if a parent wants to move out of New Jersey and take the children along, he or she cannot do so unless the other parent consents in writing. In cases where there is no written consent, court involvement will be necessary. The parent seeking to move away must demonstrate to the court that there has been a substantial change in circumstances since the time the original custody arrangement was made, and that the best interests of the child would be served by the move, whereby the move would not be inimical to the child’s best interest.
Removal/relocation when there is a shared custody arrangement is often treated as an application for a change in custody. The determining factor is how a child’s time is really divided between the parents. If the child is almost always with one parent, for example, then it is not truly shared custody and the situation will be treated differently by a court.
The law around shared custody and relocation becomes highly complex. Our experienced family law firm will make sure you understand how it applies to your unique situation and will work tirelessly to develop a solution that benefits you and your child.
Contact the Law Offices of Douglas I. Krompier MBA LLC at (732) 431-9188 to schedule a confidential consultation to discuss how your rights can be optimally protected.