Fort Lee Relocation Lawyer
When a marriage produces children and then later ends in divorce, both parents share a legal responsibility to continue protecting their children’s best interests. This means that both parents have a say in whether the other parent can change residences and bring their child with them.
If your former spouse objects to your proposed move from New Jersey to another state, you may need help from a Fort Lee relocation lawyer to preserve your future plans. In this situation, state law establishes specific procedures that a parent must go through to prove that a relocation would be in their child’s best interests. Arguing your case with assistance from a skilled attorney could help you obtain your desired outcome.
Legal Requirements for Parents who Wish to Relocate
According to New Jersey Revised Statutes §9:2-2, if a child of divorced parents was either born in New Jersey or has lived in the state for at least five consecutive years, neither parent can relocate that child out of state without first getting permission to do so from the other parent. If the other parent provides consent for the move and the child is not old enough to give their own consent, no further action is needed, and the relocating parent can proceed with their move.
However, if the non-relocating parent contests the move, the relocating parent must seek approval of their plan from a family court. A Fort Lee relocation attorney could offer further clarification about what this procedure entails and what kind of evidence the court might be looking for.
What Factors Might Play into a Relocation Hearing?
The criteria by which courts determine whether a relocation is acceptable have changed significantly in recent years. Previously, all a divorced parent had to do to justify a relocation with their minor child was show that there was some legitimate reason for the move. Acceptable reasons included a new romantic relationship or a new job in a different state.
Following the conclusion of Bisbing v. Bisbing in 2017, however, local courts now make decisions in relocation cases based on the same “best interests of the child” standard that applies in child support and custody cases. As a relocation lawyer in Fort Lee could explain, relevant considerations may not only include why the relocating parent wants to move, but also whether the move would inhibit the child’s educational or social development, separate them from close family members, or introduce them to or remove them from a dangerous situation.
Let a Fort Lee Relocation Attorney Take on Your Case
Both parents bear the burden of proof in this kind of case. The parent intending to relocate must show that their move would serve the best interests of their child, while the parent contesting the relocation must show that the child staying in place would benefit their wellbeing.
A skilled Fort Lee relocation lawyer could help a parent on either side of this debate construct and present an effective case. Call today to schedule a consultation and learn more about your options.