Why Would A Custodial Parent Want To Relocate?
There are many reasons a person would want to relocate. A new job opportunity, proximity to the divorced person's parents and other family members, better schools or an overall better situation are some of the most prominent justifications for such a move. In New Jersey, the custodial parent is not legally allowed to move the children out of the state without either a court order or the other parent's permission. When choosing to make a move out of New Jersey, it must also be shown that the relocation is being done in good faith and is not being done in order to punish the other parent or deprive him or her of the ability to see the child or children. In addition, it must be determined that the child or children will not suffer due to the relocation. If it is proven that the custodial parent has met these criteria, the non-custodial parent must prove that the relocation is not in the best interests of the children and/or that the relocation is not being done in good faith.
Factors Surrounding Relocation From New Jersey
When a custodial parent chooses to move out of New Jersey, the court might also consider why the move is being made and why the non-custodial parent is against the move. For example, the relationship is contentious and the custodial parent does not have a better job, improved schools or other viable reasons to move, it can be deduced that the move is being made just to make the non-custodial parent's life more difficult or prevent the visitation of the children entirely. If the non-custodial parent is unable to visit the children on the schedule laid out in the divorce settlement, it could cause unnecessary hardship on the non-custodial parent and the children without justifiable reason.
The child might have a say in the move if he or she is of age to present an opinion. Whether or not the non-custodial parent has the ability and willingness to move as well might be taken into account, and other factors that pertain to the best interests of the child will be considered when the court is deciding whether or not to allow the move.
Contact An Experienced New Jersey Divorce Attorney
If you or a loved one are divorced and are considering moving from Ocean County, Monmouth County or any other area in New Jersey as a custodial parent of a child from the relationship, it is wise to discuss your options with an experienced attorney from the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey. If you are a non-custodial parent whose ex-wife or ex-husband is trying to move out of the state with your child and you object to this decision, you should also consult with an attorney from Villani & DeLuca, P.C.. New Jersey law has parameters that must be adhered to if a divorced spouse is attempting to leave the state with a child. Both parents have rights following a divorce and they are still in effect even if one of the parents chooses to move.