When parents have a custody agreement regarding their child, it is important that they abide by all of the provisions of the agreement, as it is legally binding. Often, parents find themselves wondering what the protocol is if they wish to move out of the state of New Jersey. The first thing they should be aware of is that custodial parents cannot simply move out of state with the child without permission from the noncustodial parent or the court.
In August 2017, New Jersey modified its law regarding child relocation. It is important that parents become aware of changes made to laws that may impact them. With the change in law, if a relocation matter is contested, the parent who wishes to move will have to prove that the relocation is truly in the child’s best interest. The court will take a number of factors into consideration to determine what the best interests are. These may include the child’s relationship with each parent, the impact the move will have on the child’s social and academic life, the reasons that the move may be contested, among others. In some cases, the court may enlist the help of a mental health professional to help determine whether the move is truly in the child’s best interest.
Regardless of whether you are the parent who wishes to relocate or you are the parent who opposes the relocation, it is important to consult with an experienced family law attorney who can help you work towards a favorable outcome.
If you require strong legal representation for matters related to divorce or family law, Haber Silver Simpson & Russoniello is here to help. We proudly represent clients in Morris County and throughout New Jersey. Contact our firm today to schedule a consultation.