My Ex-Spouse is Relocating for a Job and Wants to Take Our Child Out of NJ
Child Relocation Attorney Ocean County, NJ
Helping Parents Across Spring Lake, Toms River, Point Pleasant, Brick, and the greater Ocean and Monmouth County area
After a divorce, if a non-custodial parent wants to move out of New Jersey (without the child), there are no laws preventing them from doing so. New Jersey relocation statute N.J.S.A. 9:2-2 allows a custodial parent to “remove” or relocate out of state with the child if the noncustodial parent doesn’t object. A custodial parent may also obtain permission from the court before moving out of state with the child(ren) to reflect a modification in the physical custody of the child.
If there is an objection by the noncustodial parent or the child (if of age), then the custodial parent must obtain court approval before moving the child from the court’s jurisdiction by showing a reason or cause for the move.
At Bronzino Law Firm, LLC, 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.
Three Ways Under NJ Law a Parent May Remove a Child Out of State:
- consent of the other parent,
- a court order granting permission, or
- if the parent is fleeing immediate risk (ie., domestic violence, child abuse, etc.,)
It is recommended that the moving parent ask the non-custodial parent to sign a written statement consenting to the “removal.” Although it´s not required by law, this typed or legible written statement should be signed by both parents, and if possible witnessed and signed before a notary. This added step could prevent any family law related misunderstandings or parental kidnapping claims.
Out-of-State Removal Attorney Toms River, NJ
Regardless of the type of child custody that either parent may have, fortunately as a result of the NJ Supreme Court ruling in Bisbing v Bisbing, all out-of-state relocation requests are decided on the best interests of the child(ren) involved. Parents requesting court approval MUST follow two key steps. They have to show “good cause” for the relocation, and that they are not in “bad faith” or through parental alienation, trying to hurt their former spouse by preventing the children from maintaining a close relationship with the co-parent.
Courts favor children maintaining equal relationships with both parents. Parental interference or withholding a child from the other parent during court-ordered parenting time is a crime. Removing a child to another state even with permission from the co-parent, can make any existing visitation and parenting time schedule much more challenging for the parent left in New Jersey to maintain or enforce.
At the Bronzino Law Firm, LLC we are ideally equipped to deal with sensitive situations like these, and we believe in supporting our clients in establishing a fair and stable visitation schedule to nurture and maintain a close parent-child relationship.
BEST INTEREST OF THE CHILD & CHILD CUSTODY MODIFICATIONS
Child Custody Modification Attorney Point Pleasant, NJ
In all child relocation matters, if a court finds that there is sufficient cause for the relocation of a parent, (out-of-state or within New Jersey itself), it will perform a “best interest analysis”, as outlined in N.J.S.A. 9:4-2, to determine which location best accounts for the needs and interests of the child(ren) 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.
Because each case is unique, the courts will consider a number of different factors such as the child´s:
- ability to maintain a relationship with the other parent after the move,
- special needs, talents, interests, or abilities which can be supported in either location,
- relationship with extended family after a move,
- personal preferences (if the child is of sufficient age and maturity),
- educational opportunities in both potential locations,
- likeliness that each parent will encourage the children to maintain their relationship with the other parent after the move, and
- whether the parent who is not relocating might also be able to relocate in order to maintain their relationship with their child.
AWARDING PRIMARY CHILD CUSTODY
Deciding Primary Custody in Your Wall NJ Relocation Case
After this analysis is performed, the courts will award primary child custody, depending on which location they believe better meets the children’s best interests, and modify the existing child custody – while also possibly making a special visitation order to reflect this ruling.
Unsure about your parental rights and future? Whether you are currently going through divorce litigation or are covered by a child custody and visitation order and are concerned about parental relocation, you should retain the counsel of an experienced Ocean County child custody modification attorney to help you demonstrate to the courts that your close relationship with your child(ren) and their best interests are one and the same.
Contact a Brick Relocation and Child Custody Lawyer Today
At Bronzino Law Firm, LLC 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 a favorable resolution of their legal matter, in all family law cases including child custody and relocation.
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.