The world has drastically changed in the past decade more than we are accustomed to. People and their careers need to be more flexible and fluid in order to remain competitive and to in some cases, survive at a standard they are comfortable with. This may require moving from one State to the next or moving cross-country. Wherever the move is, New Jersey requires the consent of the non-custodial parent in order to move away with your child. If he or she does not consent, the party seeking to move must file an application or motion to relocate with the child. This is very important. Moving without the consent of the other side can cause major problems for the custodial parent to the point that the parent may even lose custody in some situations. There are many elements that a family court will consider in determining if a parent should be able to relocate or not. Some of these elements are outlined below:
- What is the reason for the move? Seeing pictures of how beautiful Northern California is would not be considered a good faith reason for the move. However, having a great job prospect or prospects would be categorized as good faith. Having a support system in another state is also another good reason. For example in a recent case we did, our client sought to move to Florida because her mother and two sisters were there and the only family she has in New Jersey were in-laws who rarely if ever helped.
- What is the reason given for the opposition of the non-custodial parent?
- How are the schools and health care facilities in the proposed area?
- Does your child have special needs or talents and if so, can the new location accommodate same.
- How would the move effect the extended family?
- Can the non-custodial parent move as well?
- Can a realistic parenting and communication be honored between the parties?
- How often do you plan to come back to New Jersey so that your child can see his or her mother/father?
These are just some of the factors that a court must consider in determining if your child should be able to relocate with you. It is important to lay out a strong case from the onset as you only have one chance to make a first impression with a Judge. If you are seeking professional representation for a relocation case, contact our team at the Artusa Law Firm today on 201-706-7012.