Monmouth County Relocation Lawyer
Whether you got an amazing job offer from out of state or want your child to be closer to family across the country, relocating with your child can be complicated when you already have a custody agreement in place. If the other parent does not consent to relocating the child, a judge may need to get involved and approve a new custody arrangement. Making any moves with a child without the other parent’s consent and before the Court gives its approval may even lead to accusations of kidnapping or criminal prosecution for interference with custody.
A Monmouth County relocation lawyer can explain what steps are required when a custodial parent wants to move with their child within or out of the state. The child custody attorneys at Moskowitz Law Group can advocate on your behalf for a modified arrangement that is in the best interests of your child.
Relocation becomes an issue when a parent with primary custody wants to move with their minor child to another state. If the non-custodial parent does not consent, the custodial parent needs a court order to move forward. A custodial parent contemplating a relocation should consider consulting with a child relocation lawyer in Monmouth County as soon as possible to help map out a strategy to achieve the desired outcome.
Best Interests of the Child Standard
When evaluating whether to allow a custodial parent to relocate, the court focuses on the best interests of the child, as is customary for any kind of custody determination. The court evaluates the child’s best interests by looking at many factors covering the entire family’s situation. If the child is old enough to express their own thoughts, the judge may consider these opinions. The court may also look into the child’s relationship with any siblings or other family members in the area.
The judge also looks at whether one of the parents has a job that takes up a lot of time. If intimate partner violence has been an issue, the judge may act accordingly to ensure a minor’s safety.
A Monmouth County relocation attorney can help formulate a parenting plan addressing how a move would benefit a child. For example, the child may have more educational or extracurricular opportunities in a different state. The parent who wants to relocate may also have a better support system for the child in a different state.
Relocations In and Out of New Jersey
The process involved in relocating differs depending on whether the move is within or outside of New Jersey. While relocations within the state typically do not interfere with a noncustodial parent’s rights and interests, an intrastate move can still be challenged by the non-custodial parent, especially if the move is particularly far from where the custodial parent currently lives. The court will always make its decision based on what it determines is in the best interests of the child.
When the move is to another state, the primary custodial parent must also demonstrate that the relocation is in the child’s best interests and receive court approval.
Any Monmouth County parent seeking to move with their child—whether it is an interstate or intrastate relocation—should meet with an experienced child relocation lawyer to understand potential legal issues and required court procedures.
Work With a Monmouth County Child Relocation Attorney
While you have fair reasons for why you want to relocate with your child, your child’s other parent may not agree with them. When the parents cannot agree on relocation, court involvement may be required. The court’s decision, informed by their understanding of what is best for the child, is final.
We understand the importance of your and your child’s wellbeing. A Monmouth County relocation lawyer can help collect documentation and other types of evidence to demonstrate what is in your child’s best interests. Call Moskowitz Law Group now.