Hudson County Relocation Lawyer
Divorced couples with kids typically grapple with many complex legal issues. One of the most difficult may arise when one spouse wishes to relocate in a way which affects the custody or visitation rights of the other.
A Hudson County relocation lawyer who has handled these matters before may be able to help you reach an outcome that is satisfying to all parties. Reach out to a well-versed child custody attorney to understand how relocation may impact your child custody or visitation rights.
What Happens in a Relocation Situation
If there is an existing agreement in place that gives the non-custodial parent certain rights regarding the children, relocating to a permanent residence in a different area or state becomes more complicated for the custodial parent. Typically, if one parent’s relocation affects the other parent’s ability to maintain the current custody schedule, the parent seeking relocation will need to file a notice with the court and obtain approval to move with the child.
Parents seeking to move with their children—in certain cases, even within the same county—must provide the other parent with a formal notice of their proposed relocation. If the other parent objects promptly, a “relocation hearing” may be held.
Family courts in New Jersey consider a range of factors in relocation cases. These could include:
- The extent of the relationship between the children and each parent prior to the request to relocate
- The reasons one parent is seeking to relocate and the reasons that the other parent has for opposing the move
- The impact of the relocation on the child, especially on the child’s physical, educational and emotional development
- Whether the move would improve the quality of life for the children
- Whether it is feasible to preserve the relationship between the party opposing the relocation and the child through suitable custody arrangements
In family law matters involving minors, the “best interests of the child” will always be the paramount consideration. A parent seeking to block an attempted relocation would be well-advised to base all arguments on that premise.
Since some divorce orders place specific limitations on relocation options and also may specify a notice period that is longer than the one required by state law, it is usually important to review the divorce judgment carefully with a relocation lawyer in Hudson County’s help. Once notified of an impending relocation, the non-custodial parent will have a certain amount of time to file an objection with the court.
Options for Relocation Resolution
As is often true in both civil disputes and family law matters, it may be preferable for both parties to reach an out-of-court agreement rather than enter a prolonged court battle over relocation issues. Even then, it is usually important to get thorough legal advice from a Hudson County attorney and ensure all aspects of the relocation agreement are documented in writing.
Being flexible in these negotiations can be useful. If a relocation would impose new travel expenses for the non-custodial parent, a reduction of monthly child support payments could potentially help balance this out.
If the parents agree to a long-distance move, they could confirm their understanding in a stipulation to the divorce agreement and submit it to the court for approval. The new agreement should address all adjustments to crucial matters, which may include visitation dates and transportation expenses. If the judge accepts it, the agreement would become a court order.
Speak with a Hudson County Relocation Attorney
Post-divorce relocation may raise tough legal and financial questions, especially given the emotional stakes involved in any sort of family law matter. For those who may feel overwhelmed, a Hudson County relocation lawyer could have the knowledge and experience to help handle these issues, and could aggressively defend your rights at every stage of all legal proceedings. Call today to get started on your case.