Teaneck Relocation Lawyer

The establishment of a child custody order remains in effect as long as the child is under the age of 18 or is in school. The courts that approve these orders will consider various factors while always keeping the best interests of the child in mind. When making these determinations, a court may question the educational, financial, and support issues to grant a final custody order.

However, situations can, and do change. A custodial parent may receive a new job opportunity in another state, or they may find that chronic health issues require them to move closer to family members. While this may seem like the best option for a child, the non-custodial parent also has rights. As a result, no parent may move with a child out of state without the consent of the other.

Barring this, a custodial parent may petition the family court to approve the move in spite of the other parent’s objections. A Teaneck relocation lawyer could help parents who are looking to move out of the state or non-custodial parents to fight back against these proposed moves.

Requesting Relocation and Teaneck Law

Raising a child is a collaborative effort, and even though parents may now be divorced or were never married to begin with, they both have the right and obligation to properly raise their children. When a family court establishes a parenting order, the parents must follow the terms to the letter.

Usually, these orders will require both parents with custody to remain in the state. However, situations may arise where a parent will want or need to make a move to another location. These can include a new job opportunity, seeking out better education for their child, or the need to care for an elderly relative. The fact that this parent has custody over a child makes this a complicated issue.

Normally, a parent cannot make a move with a child to another state without court permission. However, an exception does exist under New Jersey Revised Statute §9:2-2 in which a custodial parent may move out of the state as long as the other parent provides their consent. A failure to obtain this consent could lead to complex legal cases in family court. A Teaneck relocation attorney could help to explain the laws that control child relocation in Teaneck and throughout the state.

What Factors a Court Will Consider When Evaluating a Request to Relocate

As stated above, if both parents consent to a move across state lines, the court will not interfere. However, a non-custodial parent always has the chance to object to the move, requiring the moving parent to file a motion in family court.

In this motion, the parent who wants to move must outline their reasons for doing so. Recent changes in state law have altered the factors that a court will consider when evaluating this request. Prior cases examined the request to relocate through the lens of what was best for the child.

Now, courts must determine whether to grant the relocation using the same factors considered when issuing initial custody orders including:

  • The needs of the child
  • The stability of the new proposed home
  • Any history of domestic violence or abuse
  • The parents’ employment responsibilities
  • The wishes of the child, if the child is old enough or mature enough to express their wishes

A Teaneck relocation attorney could help to present evidence to a court that expresses a parent’s wishes concerning the question of relocation.

A Local Relocation Lawyer Could Help Parents in Court

One core concept in custody arrangements is that a parent with majority custody must live with the child within state lines. This serves to both provide stability for the child and to allows the non-custodial parent to exercise their visitation and legal custody rights.

However, situations certainly do arise where a move to another state would benefit a child and custodial parent. If both parents are in agreement about this move, a Teaneck relocation lawyer could help to craft a relocation agreement. Still, a parent always has the right to deny this request. When this occurs, the issue must be handled in court.

A Teaneck relocation lawyer could help to present evidence in court that supports your position concerning relocation. They can work to explain the factors that the court will consider and to make arguments in person that support your view. Contact a Teaneck relocation lawyer today to discover more about the state’s relocation laws.

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