Morris County Child Relocation Attorneys
Helping Clients across Mendham, Chester, Morris Township, and the greater Morris County area with their Relocation Issues
Anytime a custodial parent wishes to relocate their life, and by extension, their children’s lives, out-of-state or a significant distance from another parent with custody or visitation rights, the relocating parent must first obtain permission from the court. If a parent relocates their children away from another parent with custody or visitation rights without permission from the court, the relocating parent is considered to have broken the child custody agreement, and possible consequences include losing their child custody rights, or a significant loss of parenting and visitation time.
If you are considering relocating you and your children away from another parent with custody or visitation rights, or you are a parent whose children have been relocated without court permission, the child custody and visitation attorneys of Townsend, Tomaio & Newmark are ready to help you. Our firm practices exclusively family and divorce law, and as such we have the legal knowledge, experience, and compassion for our clients and their families that you need to successfully resolve your relocation issue, no matter how complex or involved it may seem.
Relocation for a Parent with Sole or Primary Custody
In order for a parent with sole or primary physical custody to legally move their lives and their children out-of-state, they will need to prove that the move is being done “in good faith”. This means that the move is not motivated by a desire to limit the other parent’s custody or visitation rights and that the move will not hurt the children involved. Remember that when it comes to children and New Jersey law, courts will always make their decisions based on what they think is in the child’s best interest, and not necessarily what is in the individual parent’s best interest.
Acceptable reasons for relocation can include:
- A new job or employment opportunity
- Relocating to be closer to extended family
- Better educational opportunities for the children
If you and your Chester child relocation and custody attorney can successfully prove that there exists a valid reason for the relocation, as well as provide a realistic plan which allows the non-custodial parent the opportunity for visitation and parenting time, you can favorably resolve your relocation petition.
If you are a non-custodial parent facing a relocation petition, you and your Chatham child custody attorney can try to show to the courts that the relocation is not, in fact, in good faith, that the opportunities and services available to your children in the new location are worse than in their current location, or that the proposed visitation plan will not allow for the child to maintain a close relationship with you. It is important to note, however, that current child custody law strongly favors the rights of the custodial parent to make decisions on where the children will live.
Relocation of a Parent with Joint Custody
The requirements for obtaining court approval for the relocation of a parent with shared legal and physical custody are much higher. If the parent who is not relocating objects to the relocation, a full court hearing and review will be necessary, at the end of which the court will appoint one parent as the primary custodial parent, with whom the children will live with. The primary custodial parent can be either the relocating parent or the parent who is not moving.
It is critical that, if you wish to retain a strong parental relationship and custody of your children moving forward, you retain the legal counsel of an experienced Morris County child custody relocation attorney during this process.
What a Morris County Child Relocation Court Will Consider
When hearing and deciding on a child relocation case, the courts will always rule in favor of the child’s best interest. Factors that can influence this decision include:
- The child’s ability to maintain a relationship with the other parent after the move
- Educational opportunities for the child
- Whether the child has special needs or abilities which can be supported in either location
- The move’s effect on the child’s relationship with extended family
- The child’s personal preferences (if the child is of sufficient age and maturity)
- Whether the parent who is not relocating might be able to also relocate to maintain their relationship with their child
Contact a Morris County Child Relocation and Custody Attorney Today
At The Law Office of Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients successfully resolve their child relocation issues across Chatham, Chester, Mendham, and the Morris County area.
Whether you have sole or joint custody of your children, it is critical that your interests and parental rights are represented when it comes time for the courts to decide on a relocation petition. Our family law attorneys are ready to provide you with experienced, compassionate, and effective legal service no matter how complicated or difficult your particular case may be, and we work tirelessly to protect the parental rights of all of our clients.
To speak with one of our child relocation attorneys today in a free and confidential consultation regarding your child custody or relocation issue, please contact us online or through our Morris County office at 973-840-8970.