Bergen County Relocation Lawyer
It is not uncommon for recently divorced individuals to relocate for a fresh start. In many cases, individuals leave or enter the Bergen County area to pursue professional advancement or personal life goals. Sometimes, however, a relocation could have serious repercussions on any existing child custody arrangements between a former couple.
Hiring a Bergen County relocation lawyer could help you fight for your interests in this kind of situation. Well-versed family attorneys may be able to explain your rights and champion your case.
Uncontested Post-Divorce Relocations
When parents divorce, child custody could be one of the most important issues determined in the separation agreement. The document could dictate which parent gets custody of the children while outlining the other parent’s visitation rights.
Since most major relocations could cause doubt over child custody agreements, the child custody agreement would typically have to be modified if the relocation is inevitable. If the other parent is not opposed to a relocation, the parents can negotiate a new custody arrangement that fits everyone’s needs while furthering the best interests of their child or children.
Even in these situations, a Bergen County relocation attorney’s experience could prove to be useful for couples discussing this possibility. A seasoned lawyer could notify the parents of potential problems that may arise, ideally preventing a modified child custody agreement from breaking down over time.
Contesting a Relocation Following a Divorce
If a relocation violates the custody agreement that parents agreed upon following a divorce, a former spouse has the right to contest the relocation. In these cases, it might be essential to have a relocation lawyer in Bergen County help protect a parent’s custody rights while still ensuring that they can relocate.
When a divorced parent’s relocation is contested by the non-relocating parent, the biggest factors in the dispute are generally who has primary custody of the child and whether the parents are splitting the child-rearing responsibilities. This could potentially determine which parent has the burden of proof in the dispute.
Evenly Dividing Child Custody
When both parents have equal or nearly equal child custody responsibilities, the parent who wishes to relocate may need to show that the child custody agreement should be modified. It should be noted that when determining whether a modification is warranted, family courts typically focus their attention on the best interests of the child. Since judges prioritize the well-being of the child over the interests or intentions of the parents involved, proposing a parenting plan that incorporates the relocation in a sustainable way is an essential part of the modification process.
What if Child Custody Is Not Even?
The burden of proof can change after a divorce in which child custody was not distributed evenly. This could occur if one parent was awarded primary custody and the other parent only received limited visitation rights.
In these cases, it may be up to the non-custodial parent to show that the custody arrangement modification is not in the child’s best interests. This is a far more intensive requirement, particularly when the non-custodial parent is the one opposing the relocation.
How a Bergen County Relocation Attorney Could Help
Relocating is a common part of post-divorce life. For many ex-spouses, moving away allow them to move forward with their lives. For divorced parents, though, a relocation can take on an entirely different significance, especially if it would put a child custody arrangement in jeopardy.
The help of a Bergen County relocation lawyer could be crucial when attempting to address the legal ramifications of moving after a divorce. Contact an attorney today to begin fighting for your custodial rights without impeding your ability to pursue a better future.