Middlesex County Child Custody Lawyer
A new job. A better school. Being closer to family, friends. There are many reasons why a parent may wish to relocate. However, child custody and child support orders may make moving away difficult — a parent may even face criminal sanctions if he or she moves away without going through the proper court processes.
Union, New Jersey, child relocation lawyer John B. D'Alessandro helps custodial parents (parents who have physical custody of the children) bring requests to relocate. He also represents noncustodial parents in battles to protect their parenting rights and keep their children near them.
For nearly 20 years, the Law Offices of John B. D'Alessandro, LLC, has provided compassionate counsel to individuals involved in custody battles and other family law disputes. To set up a confidential consultation, contact our law firm online or call us at 908-364-2596.
Child Relocation: When Can a Parent and Child Move Away?
You may have heard that the court will look solely at the best interests of the child in parental relocation cases. This is no longer the main test. A custodial parent seeking to relocate must show, amongst other factors:
- Good faith: Is there a good reason for the removal of the child from the jurisdiction or is it retaliatory?
- The move will not harm the child's interests: Are the child's best interests protected? Is the move appropriate for the child or will it harm him/her?
In pre-divorce cases, where primary physical custody has yet to be determined, the court will focus on the best interests of the child in making its determination as to not only who will have custody of the child, but whether the parent seeking to relocate can take the child with him/her. The parent seeking custody and to relocate would need to apply to the court by way of a formal application. The other parent can file an opposition to that request. The court would then hold a hearing on the application where each parent would have an opportunity to argue his or her position.
In post-divorce cases, the ability to relocate with the child(ren) may be set forth in the property settlement agreement. For example, you and your spouse may have agreed to use mediation to determine child custody/child support modification issues such as relocation. In cases where relocation may be at issue, careful drafting of the property settlement agreement should be undertaken. In other cases, you will need to go to court to petition for or dispute child relocation.
Speak With a Union, New Jersey, Child Relocation Lawyer
Contact Middlesex County child custody attorney John B. D'Alessandro online or by calling 908-364-2596 for a confidential consultation. Our law offices are open Monday through Friday, from 9 a.m. until 5 p.m. Evening and weekend appointments are available upon request. We are conveniently located just off Route 78 and the Garden State Parkway.
