If you are divorced and are looking to relocate with your child, you have a lot to consider. Our firm is here to help. Please continue reading and speak with our experienced New Jersey family law attorney to learn more about child relocation and how our firm can assist you and your family. Here are some of the questions you may have:
How do I know if I can move away with my child after a divorce?
If you are looking to move away with your child after a divorce, though you plan on staying within New Jersey, you may not require the court’s permission to do so. However, if you are looking to move out of state, you will either have to receive permission from your former spouse, or you will have to obtain court approval.
What issues will courts consider when determining whether you should be granted a relocation?
The first thing that you should understand regarding whether courts will allow you to relocate with your child is that your child’s best interests are their primary concern. They will have to determine whether your move will improve your child’s life, either socially, economically, or educationally. Some of the factors they will consider are as follows:
- Your overall reasoning for the move
- Your spouse’s reasoning for opposing the move
- Whether you are trying to move closer to your child’s extended family
- Whether you are moving because you or your child requires medical attention
- Whether you are moving in with a new spouse/romantic partner
- Whether you are moving because you recently got a new job
- Whether the move is so that you can receive a higher education
- Whether you are moving to a safer area, or you are trying to move away from a dangerous spouse
What happens when a parent unlawfully removes his or her child from the U.S.?
If you are someone who wishes to remove your child from the United States, you must go through the court process before doing so. If you do not, you will be subject to penalty under the laws of The Hague Convention. If you leave the country with your child unlawfully, the Convention will enact its multilateral treaty to provide an expeditious method of returning your child, and from here, you will most likely be criminally punished.
Contact our experienced Ocean City firm
Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.