Randolph Child Relocation Attorneys
When the parent of primary residence wishes to relocate out of New Jersey with the minor children the consent of the other parent or a court order is required. At The Darling Law Firm, we will help you understand what you or your child’s other parent will have to prove in order to receive permission to remove your child form New Jersey. We will listen to your reasons for relocation or opposition and help you understand how your facts will help or hurt your case. If the other parent is unwilling to be reasonable, the attorneys of The Darling Law Firm will fight hard to obtain the relief you seek.
Criteria For Removal Of A Child From The State Of New Jersey
If one parent is the parent of primary residence and the other is the parent of secondary residence, the criteria are different than when there is a true shared custody arrangement. If the parent of primary residence seeks to relocate, the court must undertake a review under the terms of Baures v. Lewis, 770 A.2d 214 (2001), frequently referred to as the Baures criteria. If the parties share true 50/50 custody, the standard courts will use in deciding whether to approve the removal of the child is the standard used in a change of custody application.
Removal In A 50/50 Shared Custody Situation
When there is a true joint custody relationship, the standard for review is the “best interests” of the child standard just as the court would use in deciding custody.
Removal When One Parent Is The Primary Parent
When the parent of primary residence seeks to remove a child from New Jersey, they need to establish a good faith reason for the move and that the move is not adverse to the child’s best interest. There are 12 factors the court must consider in determining whether removal is appropriate in this case:
- Reasons for the move;
- Reasons for the opposition;
- Past history of the parties’ dealings;
- Whether the child will receive equal or better educational, health and recreational opportunities;
- Any special needs or talents of the child;
- Whether a parenting time schedule can be created which allows the non-custodial parent to maintain an ongoing relationship with the child;
- The likelihood the custodial parent will foster the child’s relationship with the non-custodial parent after the move;
- Effect of the move on extended family relationships in New Jersey and the new location;
- The child’s preference if he or she is old enough to decide;
- Whether the child is in their senior year or close to graduating high school;
- Whether the non-custodial parent is able to relocate; and
- Any other factor which may affect the child’s best interest.
Child Relocation From Northern NJ
If you or your child’s other parent wish to relocate with your child out of New Jersey, The Darling Law Firm will protect your interest in this critical matter. We serve clients in Essex, Union, Bergen, Morris, Passaic, Sussex and Warren Counties.
If you are visiting the webpage, now is the time to call 973-584-6200 today to schedule an initial consultation and protect your rights or click here to e-mail us.
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