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Child relocation occurs when a divorced parent with physical custody wants to move away from the noncustodial parent. Child relocation generally refers to a move out of state, but even a move within the state can be considered child relocation if it would interfere with an established parenting plan.
Child relocation can present complex issues, because the court must determine that the move is in the best interests of the child using a variety of factors to make the decision. If the court determines that the move is not in the child’s best interests, it will not be approved.
An attorney is important to have in this process. The attorney can assist in gathering evidence and witnesses to support their client’s claims for clients is for or against child relocation. The attorney can assist in many other ways as well, which will be discussed in this article. Rosenblum Law child relocation attorneys are experienced and knowledgeable in New Jersey law and child relocation cases. Contact us today for a free consultation. In the meantime, keep reading for more information on child relocation cases and how an attorney can help.
Understanding Child Relocation
Under NJ Rev Stat § 9:2-2, a parent cannot move a minor aged child out of the state unless they receive permission from the other parent or the court. The legal definition of child relocation is moving a child out of the jurisdiction of the New Jersey courts. However, a parent can also object to relocating a child within the state if it will affect parenting time laid out in an established parenting plan.
There are many implications of child relocation, including the ability of the other parent to continue a meaningful relationship with the child. Common reasons for child relocation include:
- Job opportunities
- Family support
- Better living conditions
- Remarriage to someone out of state
There are a variety of legal criteria used to determine child relocation cases. The primary standard that the courts use is the best interests of the child. The courts will also consider:
- the impact on the child’s relationship with the non-relocating parent.
- the reasons for the relocation
- the child’s needs
- the child’s preferences if they are old enough
How Child Relocation Affects Custody and Visitation
Child relocation has a significant impact on custody and visitation arrangements. When parents have joint legal custody but the relocating parent has physical custody, child relocation can make it difficult to maintain custody and visitation arrangements as they stand.
In such cases, the original custody and/or visitation agreement may be modified to accommodate the relocation. For example, if both parents currently share joint physical custody, the relocation of one parent might prompt the court to grant physical custody solely to the parent who is not moving.
How a Child Relocation Attorney Can Help
A child relocation attorney can help either the relocating parent or the non-relocating parent in many ways. Regardless of which side one may be on, legal guidance and representation throughout the process is vital. An attorney can help in a number of ways.
Initial Consultation and Case Evaluation
In the initial consultation and case evaluation, the attorney can assess the merits of the relocation request and advise on legal options and potential outcomes. This initial guidance may help parents make relocation decisions. If the attorney thinks the relocation lacks merit, a relocating parent may change their plans.
For the non-relocating parent, an attorney can help them understand how to fight the child relocation. They can also provide advice on the effects of the child relocation and the potential impact to custody and parenting time.
Preparation of Legal Documentation
For the relocating parent, the attorney can draft relocation petitions and file them with the courts. For either parent, the attorney can compile necessary evidence, witnesses, and documentation to support the parent’s position in the child relocation case.
Representation in Court
One of the most important ways an attorney can assist either party is through representation in court. The attorney will present their client’s case before the judge and argue for or against the relocation based on the child’s best interests.
The attorney, rather than the client, can best present evidence and refute the arguments of the other attorney. The attorney will also be able to examine and cross-examine witnesses more effectively than a parent can do on their own.
Negotiation and Mediation
Mediation is often ordered in a child relocation case, as the legal system prefers parents to agree on custody matters out of court. Attorneys play a role in negotiation and mediation by facilitating agreements between parents and exploring alternative dispute resolution methods.
Attorneys have a way of taking the emotion out of the negotiations and sticking to the facts. It is best if both parents have their own representation during negotiations and mediation.
Post-Relocation Assistance
If the relocation request is granted, an attorney can help ensure compliance with court orders. If the relocation is not granted, the attorney can advise on next steps and potential legal options. The attorney can also assist in modifying custody and visitation arrangements if necessary.
Legal Process in Child Relocation Cases
It’s important to understand what a child relocation proceeding looks like. There are many aspects of the case to consider, including the steps for reaching a decision on the relocation, what factors the court considers, and the potential outcomes.
Chronology of a Child Relocation Case
In general, the legal process in child relocation cases is as follows:
- Filing the Relocation Petition: The relocation petition is filed with the courts. An attorney can best draft the relocation petition and ensure that it meets all legal requirements and presents a strong case.
- Serving Notice: Notice of the relocation petition is served to the non-relocating parent. The notice includes a hearing date and details of the petition for child relocation.
- Mediation: The court may order mediation before the hearing. Mediation is designed to facilitate agreement between the parents to minimize court involvement.
- Court Hearing: A hearing is held if the parties can’t agree on the relocation after mediation, and a judge will decide whether or not to allow the relocation.
Factors Considered by the Court
During the court’s decision making process, a number of factors are considered to determine if the move is in the best interests of the child. These factors have been laid out by the New Jersey Supreme Court, and include:
- The ability of the parents to communicate and agree
- The parent’s willingness to accept custody
- The parent’s willingness to comply with parenting time
- The interaction and relationship of the child with both parents and any siblings
- Any history of domestic violence
- The child’s preference, when deemed old enough to make the decision (usually 14)
- The child’s safety, education, and other needs
- The stability of the home environment offered by each parent
- The quality and continuity of the child’s education
- The parent’s fitness to exercise custody
- The geographical proximity of the parents’ homes
- The extent and quality of time spent with the child since separation
- The parents’ employment responsibilities
- The age and number of children
The courts may also consider any other factors that are specific to the case. It is the role of an attorney to determine additional factors that could be brought up in court to advance their client’s position.
Potential Outcomes
The child relocation request will be either approved or denied. If the relocating parent’s request is denied but they decide to move anyway without the child, a custody modification for the child to stay with the non-relocating parent may be needed. In either case, parenting plans need to be redrawn to allow for meaningful parenting time for both parents regardless of distance between their homes.
Key Considerations for Relocating Parents
A relocating parent must prepare a strong case for relocation. The evidence and documentation must prove that the move would be in the best interests of the child. An attorney can assist in preparing and presenting a strong case for relocation.
It is important for the relocating parent to understand the opposing parent’s rights and perspectives. Keep in mind that the other parent has the right to a meaningful and continued contact with the child. If fostering a continued relationship is not possible with a move to another state, proving a case for relocation could be tricky. The decision to relocate may also be hard on the child, especially if they have a positive relationship with the other parent.
It is also important for the relocating parent to maintain open communication with the non-relocating parent throughout the child relocation court process. Denying parenting time or failing to communicate with the other parent could harm the relocating parent’s case.
FAQs
A child relocation attorney prepares petitions for relocation for relocating parents. For both relocating parents and non-relocating parents, the attorney gathers and presents evidence supporting the parent’s goals for custody and relocation. The attorney can also give legal guidance on complying with court orders, and if relocation is granted, they can assist in custody and parenting plan modifications.
You should hire a child relocation attorney as soon as you make the decision to relocate with the child. If you are the non-relocating parent, you should hire a child relocation attorney as soon as you have been served with the petition for relocation. This will ensure you have adequate legal representation throughout the process.
The primary standard by which the courts consider child relocation cases is the best interests of the child. The best interests of the child are determined by looking at the child’s needs, the child’s education, and the relationship of the child with both parents and any siblings. Other factors may be taken into consideration as described above.
The chances of a relocation petition being approved are less than they were before the New Jersey Supreme Court decision. It used to be assumed that a move good for the parent was good for the child, but that is no longer the case. It is no longer enough to prove that the move won’t harm the child; it has to be in the child’s best interests. If you can prove relocation is in the best interests of the child, because of factors like improved living conditions or a better educational environment, your chances are much better.
The child relocation process is not a fast one. It can take as long as a year to complete the process and attend a court hearing to get a decision. It is important that you do not move with the child before the child relocation process has been completed.
Yes, a relocation decision can be appealed by either party. It is important not to move the child without permission of the courts or the other parent. If the relocating parent decides to go ahead and move without the child, child custody and visitation agreements must be modified.
If you oppose your ex-spouse’s relocation, an attorney can help by gathering evidence and documentation to prove that the move is not in the best interests of the child. The attorney can represent you in court, and present arguments to the judge against relocation.
Child support is typically unaffected by relocation cases. The child support order will remain in effect unless one or both parents petition for a modification. Child support ordered by New Jersey will remain under New Jersey jurisdiction unless both parents leave the state. However, custody arrangements may need to be modified to allow for meaningful parenting time for both parties. For example, if relocation is granted, the non-relocating parent may get more vacations and summers than were in the original parenting plan.
Resources and Support for Affected Families
If you need support for a child relocation matter, these resources and information on legal regulations might help.
Legal Statutes and Regulations
- Section 9:2-2 dictates that child relocation must be agreed by both parents or granted by the court.
- Bisbing v. Bisbing, 230 N.J. 309 (2017) is the New Jersey Supreme Court case in which the best interests of the child standard for child relocation was established.
Mediation and Counseling Services
- New Jersey Association of Professional Mediators: This association for mediators has a “Find a Mediator” page on their website to search a directory of professional mediators.
- District of New Jersey: This website provides a list of certified mediators from the judicial district of New Jersey. The main website also gives information about mediation.
- The National Academy of Distinguished Neutrals: The academy has a directory of distinguished mediators in New Jersey.
Youth and Family Counseling Service: A nonprofit organization offering family counseling services to New Jersey residents.
Contact Rosenblum Law for a Free Consultation
Child relocation cases are complex, and it is important to have legal representation whether you are the relocating parent or the non-relocating parent. An attorney from Rosenblum Law can help you navigate these legal challenges, advocate for your needs, and safeguard your child’s best interests. Rosenblum Law child relocation attorneys have years of experience in child relocation cases. Contact us today for a free consultation and case evaluation.
Last updated: Jul 22, 2024
