After your divorce, your ex has made plans to relocate out of New Jersey, intending to take your child with him or her. But does he or she have the right to do that? For more information on New Jersey’s relocation laws, please read on, then contact an experienced Ocean County child relocation attorney as soon as possible. Some questions you may have include:
Can the custodial parent move your child out of New Jersey?
The custodial parent does not have unilateral authority to relocate his or her child out of the Garden State. In order to effect a legal relocation, the custodial parent must obtain permission from the other parent or the family court. Even if you do not consent, the judge may decide in your ex’s favor and permit him or her to take your child out of state.
Can you prevent your ex from relocating your child out of New Jersey?
Depending on the evidence you present to the presiding judge, he or she may decide that the relocation does not serve the best interests of your child. To make this determination, he or she may take the following evidence into account:
- You have the ability to agree, communicate and cooperate in matters relating to your child, but your ex does not
- You have willingly accepted custody, but your ex has denied your parenting time without substantiating abuse
- Your child faces physical abuse from your ex and/or any new partners
- Your child, having the capacity to make an intelligent decision, wants to stay in New Jersey
- Your ex’s move would not satisfy your child’s needs
- Your child would have an unstable home environment in the new location, and/or
- The move would disrupt and damage the quality of your child’s education
How do you prove that your ex’s plan to relocate will not serve the best interests of your child?
To prove that your ex’s plan to relocate your child does not serve your child’s best interests, you should consider the following:
- Prepare a parenting plan
- Keep track of your parenting time
- Maintain a journal to show you meet parenting duties
- Keep a log of child-related expenses
- Get reliable childcare
- Asks others to testify on your behalf
- Show your willingness to work with the other parent
- Get involved in your child’s interests
- Have a safe place for your child to live, and
- Behave in court
Remember, these court proceedings are not about you, your wants or your needs. Rather, they are to serve your child’s best interests. To demonstrate that you understand what is in your child’s best interests, speak with a skilled Ocean County family law attorney today.
Contact our experienced Ocean County firm
If you need a divorce and family law attorney in Ocean County, New Jersey, contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.