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Relocation

An Overview of the Law of Relocation in New Jersey

When a party seeks to relocate with a child from the state of New Jersey or a great distance within the state of New Jersey, if the other party objects, the party seeking to relocate must first obtain the court's permission. Otherwise, if a party relocates without the court's permission and without the other party's consent, a court may order that the child must be returned to the other party until after the court has enough information to hold a plenary hearing or a trial, which may not occur for several months.  

One may wish to relocate for any number of reasons.  Employers may require the move, or there may be new and attractive employment opportunities in another state.  One may be looking for a more affordable place to live, a change in climate, or a lifestyle change in a new location.  A new relationship or a desire to move closer to other family members may prompt the desire to relocate.  A child may require specialized treatment or services that are more readily available elsewhere.  There are many other reasons that are offered to relocate in these matters.  The court must consider the reasons that are offered for and against the move, but the primary concern of the court is whether the relocation is in the child's best interest.  The best interest of the child is not always served by the parent's motivation for the move.  These are complicated matters that require experienced legal counsel and immediate attention.  

The divorce and family law attorneys at Brause, Brause & Ventrice, L.L.C., appreciate that relocation matters must be handled promptly and zealously, and we will take action as soon as you are ready. If, on the other hand, you object to the other party's request to relocate, we shall aggressively oppose the move. In either case, it is essential that you act as soon as possible to either pursue relocation with your child or to oppose the other party's relocation with your child. Our attorneys stand ready to evaluate your case, and to provide you with the advice and the skilled legal assistance that comes from more than 60 years of combined experience.

Criteria to Determine Whether Relocation is in the Best Interest of the Child

In cases in which the parties share joint legal custody of a child, the party seeking to relocate must show "cause" before a court will permit the permanent removal of a child to another state without the consent of both parents. In order to determine whether "cause" exists, the court must conduct an analysis to determine the best interest of the child by considering several factors. These include the same factors that a court must consider in a child custody determination. Click here to view Child Custody factors.

A relocation matter requires the court to perform a careful and sensitive balancing of the best interest of the child and the rights of the parties. The court's paramount concern is the best interest of the child, which may clash with the desires of the party seeking to relocate. There is rarely an easy answer. These are complicated issues that require the assistance of experienced and knowledgeable attorneys. The attorneys at Brause, Brause & Ventrice, L.LC., have the experience and knowledge to navigate these matters.

Contact a Middlesex County Custody and Relocation Attorney for more Information. At Brause, Brause & Ventrice, L.L.C., we serve the legal communities in Middlesex County, including Edison, Metuchen, Woodbridge, Piscataway, North Brunswick, East Brunswick, and throughout New Jersey. Please call us to schedule a free initial consultation at 732-767-0044 or contact us online today.