Hudson County Relocation Lawyer
A parent’s plan to move away with children can lead to a bitterly contested custody case. One or both parents may feel that their rights are in jeopardy, and they may not be able to find a solution that makes them both happy on their own.
Complex cases like these often require assistance from seasoned child custody attorneys. Whether you or your child’s other parent are attempting to relocate, a Hudson County relocation lawyer could fight for your rights.
When Is a Court Order Needed?
Relocation cases often involve moving to a new state. Accordingly, New Jersey Revised Statutes §9:2-2 places limits on a parents ability to take a child involved in a custody dispute out of state. Specifically, this statute requires consent from both parents or a court order before children move across state lines.
Occasionally, moving within the state of New Jersey also requires legal action. If a parent’s planned move would make a previous custody arrangement impractical, a change to the custody, visitation, or child support plan might be necessary. A Hudson County relocation attorney may be able to review a case and determine whether a modification is needed.
The Importance of the Child’s Best Interests
New Jersey state law makes the best interests of the children a primary consideration in all cases. Therefore, in a relocation case, a court may look at the same factors listed in N.J.R.S. §9:2-4 used for making any custody determination, such as:
- Any history of one parent’s unwillingness to allow parenting time for the other
- Safety of the child, including from abuse
- Stability of each home
- The quality and continuity of a child’s education
Why the Reason for Relocation Matters
Sometimes it may appear—or be the reality—that one parent is relocating to limit the other parent’s ability to see the children. Other times, a parent wishes to move to be nearer to their own family or a new romantic interest, which can also cause contention between former spouses and co-parents.
There is no set list of permissible reasons to relocate, so a court is likely to look at the individual facts of every case. The best interests of the children would remain the court’s primary focus even if one parent does not agree with the reason for the move. However, many of these aforementioned factors may be called into question if it appears a relocation is for selfish reasons or for purposes of alienating the other parent.
Settlement or Litigation of Relocation Disputes
Attempting to reach an agreement on relocation may be difficult, but the process can prove beneficial for children and parents. For example, the non-relocating parent might be able to obtain lengthy stretches of parenting time over summers and holidays by consenting to the relocation.
If parents cannot reach an agreement, they must fight for their rights in court. An experienced relocation lawyer in Hudson County could help negotiate a settlement agreement or take the matter to court as needed.
A Hudson County Relocation Attorney Could Fight for Parental Rights
The outcome of a relocation action can have a lasting impact on both you and your children. It may be impossible to predict exactly how a court will rule, but an experienced attorney could advocate for you every step of the way and help you pursue a positive outcome.
You could benefit from the guidance of a compassionate Hudson County relocation lawyer. Call today to find out more about protecting your rights as a parent.
