Hackensack Child Relocation Lawyer
If you are in the process of a divorce or separation and have children with your former partner, you are likely concerned with how you will share your custodial obligations. When both parties share custody and reside in the same area, determining parenting time and the right parenting plan can be relatively straightforward. However, situations where you or your co-parent seek to relocate out of state can complicate custodial matters.
A Hackensack relocation lawyer can assist with the legal nuances involved in these cases. The skilled child custody attorneys at Moskowitz Law Group can help you pursue the best possible outcome that serves your child’s interests and respects both parties’ parental rights.
Relocation Requires Modifying a Custody Order
It is not uncommon for a child’s parent to relocate out of state after a divorce or separation. In these cases, it is essential to follow the legal process for requesting relocation of a child. Failure to request relocation risks violating the existing custody order and facing potential penalties. Valid reasons to request a relocation include one parent receiving an offer of employment in a different state or wishing to live in an area that would afford them a better supportive community, such as being closer to relatives.
To obtain permission to relocate with a child out of state, a divorced or separated parent must request to modify the existing custody order. This process includes proposing a new schedule that accounts for the custodial rights and obligations of both parents. The other parent may or may not object to this proposal. The parent requesting the relocation must prove that the relocation is in the child’s best interests, which can be a challenging standard to meet. The same standard applies to a parent wishing to relocate who is currently in the process of a divorce or separation. A Hackensack child relocation attorney can assist with all elements of preparing a relocation request while building a detailed and well-strategized case to support it in court.
Factors That Courts May Consider in Relocation Requests
A judge will consider a wide range of factors when deciding whether to approve or deny an out-of-state relocation request, making it imperative to work with a child relocation lawyer in Hackensack who can build the most robust case possible. In addition to considering the grounds for the relocation, the court will also examine the nature of the relationship between the parents. The judge will use this information to determine the parents’ willingness to work together concerning the child’s needs.
Courts will also consider the distance between the proposed relocation area and the child’s current home. The court will also examine the child’s wellbeing and relationship with both parents. For example, if the child expresses emotional dependence on the parent they would move away from, courts may not grant a relocation request. Finally, the court will evaluate and consider the relocating parent’s ability to meet the child’s medical, educational, or other needs in the new location. The relocating parent must prove that they can continue to provide the same level of support and quality of life to their child.
Get in Touch with a Hackensack Child Relocation Attorney
Out-of-state child relocation requests are common following a divorce or separation, or even during divorce or separation, but these cases can become complicated when parties disagree and the child’s best interests are at stake. Fortunately, a Hackensack child relocation lawyer can provide step-by-step guidance throughout your case while putting all their legal experience and knowledge to work for you.
You should not attempt to navigate a child relocation case without the benefit of accomplished legal assistance. Call anytime to set up your free case evaluation with the knowledgeable legal team at Moskowitz Law Group.
