Child relocation is one of the most serious matters heard in family court. Moving the child to a different state may disrupt an existing parenting plan and visitation schedule. When parents do not agree, the custodial parent must seek a court order granting him or her permission to move. A relocation case is based on what the court considers to be in the best interest of the child. The judge’s discretion can be the most impactful factor. Because matters of child custody and parenting time are often emotionally charged and contested, relocation can lead a family to court, often a lengthy trial and appellate litigation. The Law Office of Sarina Gianna, LLC has significant experience handling relocation cases in court. If you need experienced counsel by your side to protect your rights and familial relationship, contact the Law Office of Sarina Gianna, LLC for a consultation.
Relocation cases have changed
The laws regarding relocation in New Jersey changed in August 2017. The Supreme Court of New Jersey ruled that courts must assess relocation cases with the “best interest” analysis. Accordingly, for a parent to be permitted to relocate with a child, he or she will have to establish that moving away from the other parent is in the child’s best interest. Courts will determine its case by considering many factors, including:
- The nature of the bond between the child and each parent
- The impact of the move on established positive relationships
- The impact of the move on social and academic life
- The reasons for the custodial parent to want the move
- The reasons for the noncustodial parent to object the move
- Any other relevant factors deemed applicable to the case
Whether you are a custodial or noncustodial parent, it is important to work with a knowledgeable family law attorney, like Sarina Gianna, in New Jersey child relocation proceedings. Our firm has the experience and dedication to pursue an outcome that protects the best interests of both you and your child.
Unlawful removal of a child from the United States
There are some unfortunate instances where a child is removed from the United States unlawfully. The experience for the parent left in the country can be overwhelming. Many of these matters are governed by the laws of The Hague Convention, a multilateral treaty providing an expeditious method to return a child abducted by a parent from one member country to another. At this writing, there are 98 member countries signed on to the treaty. Our firm is significantly experienced in these matters, providing clients with knowledgeable recommendations to these complex issues and zealously representation arguing Hague Convention cases in the United States District Court.
Contact an experienced relocation attorney in Brick, New Jersey
Relocation is a significant legal issue. Parents who are involved in these cases can quickly find themselves litigating the matter. Understandably so, these cases deserve the attention of an experienced attorney. The Law Office of Sarina Gianna, LLC provides that experience, equipped with over a decade of practice in the area of family law. If you need quality legal support, contact The Law Office of Sarina Gianna, LLC for a consultation to discuss your legal matter today.