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CHILD RELOCATION

Child Relocation Attorney Ocean County, NJ

Helping Parents Across Spring Lake, Toms River, Point Pleasant, Brick, and the greater Ocean County area

There are times when a parent will wish to move their lives and the lives of their children after, or even during, a divorce. Whether it be for an employment opportunity, or to be closer to extended family and friends, any time this relocation involves children it may become necessary to modify your child custody agreement in order to reflect this planned change in circumstance.

However, the laws regarding relocations within the state of New Jersey, and relocations out-of-state do differ slightly, so for more information about your specific type of relocation, please continue reading below.

At The Law Office of Peter J. Bronzino, we have helped many parents across Spring Lake, Toms River, Point Pleasant, Brick, and Ocean County to legally relocate with their children, as well as helped parents contest relocation requests, and maintain their close relationships with their children.

Contact our firm today to discuss your unique situation, needs, and legal options moving forward regarding a relocation and your child custody agreement in a free and confidential consultation.

 

Relocation Within New Jersey

In-State Relocation Attorney Point Pleasant, NJ

When it comes to the laws regarding the relocation of parents and children within the state of New Jersey, there is no precise definition of when that relocation may require court approval and a resulting modification to the existing child custody order, and when the relocation does not require court approval. In general however, if the relocation makes it difficult or prohibits the enforcement of the existing child custody order, than that relocation will probably necessitate a court hearing if the non-relocating parent chooses to contest the relocation.

For in-state relocations which result in a court hearing and decision, the courts will perform the same “best interest analysis” they do during any out-of-state relocation, and their ultimate ruling will also be made in the same manner. For more information about exactly how this process works, and the factors involved in a best interest analysis, continue reading in the sections below.

Of course, any time a court is deciding such critical matters as child custody often can be, it is highly recommended that you retain the counsel of an experienced Point Pleasant relocation attorney. Attorney Peter J. Bronzino is intimately familiar with child custody and child custody modification hearings, and is prepared to provide you with the informed, effective, and attentive legal counsel that you need and deserve.

 

Relocation Out-of-State

Out-of-State Removal Lawyer Spring Lake, NJ

Thanks to the recent NJ Supreme Court ruling in Bisbing v Bisbing, all out-of-state relocation requests are decided on the best interests of the children involved, regardless of the type of child custody that either parent may have.

In order for a parent to relocate out of the state of New Jersey with their children, they must request court approval, and follow two key steps. The first step, according to N.J.S.A. 9:2-2, is that of demonstrating that they have “good cause” for the relocation, and that they are not acting in “bad faith” in an attempt to simply hurt their former spouse by removing the children, or prevent the children from having a close relationship with the other parent.

While there is no definitive list of acceptable “good causes”, some of the more commonly accepted good causes are:

  • For the parent or children to be closer to extended family or some support network
  • For the parent or the children to receive medical support which is otherwise unavailable in their current location
  • For the parent or the children to avoid health risks present in the the current location
  • For the children to have better educational opportunities, or access to services which better meet their special needs or talents
  • To protect the safety of the parent or children from a perceived source of risk or harm
  • For the parent to pursue a significant employment or educational opportunity
  • For the parent to live with a new spouse or life partner

If the parent who is requesting the relocation and removal of their children is successful in demonstrating that they have good cause for their desire to relocate, then the courts will proceed to perform the same “best interest analysis” they perform during any child custody modification hearing. On the other hand, if the courts do not find sufficient good cause for the relocation, or believe that the parent requesting the relocation is acting in bad faith, then they will deny the relocation request altogether.

 

Best Interest Analysis and Child Custody Modifications

Child Custody Modification Attorney Ocean County, NJ

When a court finds that their is sufficient good cause for the relocation of a parent, whether it be out-of-state or to a distant location within New Jersey itself, it will perform what is known as a “best interest analysis”, as outlined in N.J.S.A. 9:4-2in order to determine which location best accounts for the needs and interests of the children involved, while also attempting to find a solution which allows for both parents to maintain as close a relationship as possible with their children after the relocation.

This analysis is now performed in all child relocation matters which require a child custody modification, regardless of the specific type of child custody any one parent may have. During a best interest analysis, the courts will consider a number of different factors, but these factors are weighed differently by the courts in each unique case depending upon the exact circumstances. These best interest analysis factors include:

  • The ability of the child to maintain a relationship with the other parent after the move
  • The likeliness that each parent will encourage the children to maintain their relationship with the other parent after the move
  • Educational opportunities for the child in both potential locations
  • If the child has special needs or abilities which can be supported in either location
  • The child’s relationship with extended family after a move
  • The child’s personal preferences (if the child is of sufficient age and maturity)
  • Whether the parent who is not relocating might also be able to relocate in order to maintain their relationship with their child

After this analysis is performed, the courts will award one parent or the other primary child custody, depending on which location they believe better meets the children’s best interests, and modify the existing child custody order to reflect this ruling. Of course, during such a process so critical to your parental rights and future, it is highly recommended that you retain the counsel of an experienced Ocean County child custody modification attorney in order to help you protect your rights as a parent, and help you to demonstrate to the courts the fact that your close relationship with your children and their best interests are one and the same.

 

Contact a Brick Relocation and Child Custody Lawyer Today

At The Law Office of Peter J. Bronzino, we have helped many parents to successfully resolve child relocation disputes across Spring Lake, Toms River, Point Pleasant, Jackson, and the greater Ocean County area.

We understand exactly how important your children, their future, and your relationship with them are, and we are prepared to help you present the best possible case to any family court.

Our smaller size allows us to develop personal and attentive relationships with our clients, while charging fair and reasonable rates for our services. Attorney Peter J. Bronzino believes that by keeping his clients informed and involved throughout the legal process, he can better secure them the resolution of any legal matter including child custody and relocation matters that they need and deserve.

To schedule a free and confidential consultation with our firm today regarding your child relocation or child custody and visitation issue, please contact us today or through our Brick, NJ office at (732) 812-3102.

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