New Jersey Relocation Lawyer
When a couple decides to divorce, they begin new lives that may geographically take them away from each other. In cases where divorced adults are co-parenting their children, relocation may have repercussions for both the other parent and the shared children.
If you are relocating and are currently following a previously created custody agreement, it may be beneficial to consult a New Jersey relocation lawyer.
By focusing on the needs of both you and your children, a diligent child custody attorney could fight to modify the terms of an agreement or parenting plan to better suit your situation.
Child Custody During a Post-Divorce Move
When two individuals divorce, one of the key elements of their divorce decree will refer to child custody. While the court makes it clear that the custody order should not be violated, there may be significant changes in either parent’s life that require altering the previously agreed-upon plan. For example, one parent may relocate for a new job or to pursue other opportunities.
In some cases, the parents jointly create a consent agreement for relocation that modifies the child custody arrangement from the divorce decree. When drafting a new agreement, it is beneficial to have a relocation lawyer in New Jersey offer insight. An experienced lawyer could use their background to search for potential problems and craft solutions to account for them.
Many modifications made to a custody agreement are contested by the parent who plans to remain in or near New Jersey. In contested relocation cases, it is crucial to consider which parent handles the bulk of the child-rearing responsibilities.
In situations where both parents share custody and provide an equal, or nearly equal, share of the parental responsibilities, the burden of proving that a change to the custody arrangement is warranted falls on the parent that wishes to relocate. Proving this requires demonstrating that the relocation is in the best interests of the child. Any proposed parenting plan modifications must allow adequate visitation rights for the other parent.
Notably, if one parent maintains primary responsibility for raising the child, the other parent has the burden to show that altering the custody agreement is not in the child’s best interests. A New Jersey attorney could help parents build a strong relocation case to advocate for their child’s well-being.
What Factors are Considered in New Jersey Removal Relocation Cases?
If you are unable to reach an agreement with your ex-spouse, and you are pursuing a move-away order, then there are several factors that will be considered in your situation:
- The distance of the move
- The foundational reasons for the move
- Any adverse impact that the relocation will have on the children affected
- The reasonable ability of the opposing parent to relocate to the place of the proposed move
- The advantages of moving the parent and children to the proposed area
There may be several reasons why a relocation order could be more beneficial, and therefore more likely to be granted, such as a case of domestic violence, a better job opportunity that would greatly benefit the children involved, and many other situations. A lawyer familiar with relocation orders could help a parent understand the factors the court will use to determine a case.
Discuss Your Situation With a New Jersey Relocation Attorney Today
Relocations and other major changes to a person’s life situation are some of the most difficult factors to account for after a divorce. While relocating may be necessary, it could strain a family’s cohesiveness and significantly alter the relationship between children and their parents.
If you are moving and seek a modification of your parenting plan, a seasoned New Jersey relocation lawyer could help you work towards a favorable arrangement. An attorney could also help if your child’s other parent wishes to move, and you want to contest any proposed custody modifications. Call today to discuss your situation and begin working towards a positive resolution.