After a divorce or separation, the former spouses move on and try to build a new life for themselves. When there are no children from the relationship, the decision to move on, far away from life with the former spouse is relatively simple. It is much less so when there are children involved. A move by the custodial parent would potentially deprive the children of the love and affection of their other parent. When a parent with minor children wishes to relocate with them, the move could have very serious consequences for their custody or visitation rights. If you are in a situation where your custody or visitation rights are in jeopardy because of a planned relocation, the parental relocation lawyers of Nitti & Nitti can help you.
Why Choose A Parental Relocation Attorney From Nitti & Nitti?
We have over 30 years serving in family law and advocating for parents and children.
Our goal is to help you resolve your concerns in an efficient and effective manner – without wasting your valuable time and money.
As a local, family-owned firm, we are able to offer the one-on-one service and caring assistance you deserve.
You don’t have to figure it out on your own, we have the experience and knowledge of the law to get you the best outcome in your situation. If your visitation or custody rights are being threatened by a relocation, call us at (973) 226-4141 to speak with one of our compassionate family law attorneys.
Relocating with Minor Children
New Jersey law provides that minor children who are natives of the state or have resided in the State for five years, cannot be removed from the State if they are the subject of a court-ordered custody and maintenance order, except under certain circumstances. Such children can be taken out of the State only if:
They are of a suitable age to give their consent to the move, and do in fact consent to the move;
They are under a suitable age and both parents consent to the move; or
The court agrees that there is a good reason for the move and gives an order allowing the children to be taken out of the State.
Any parent who is bound by a custody and maintenance order may approach the courts for an order to allow or deny the move with the children.
Factors Considered in a Relocation Petition
In any situation involving minor children, the best interest of the child is always paramount. Sometimes a move might be necessary for one parent to take advantage of better work opportunities, but that reason alone will not sway the courts. The first, and most critical, consideration is the best interest of the child.
To establish what is in the best interest of the child, the court may do a number of things including:
Getting some insight from the parents
Considering the views of other adults with close relationships with the child
Considering expert testimony
Conducting interviews with the children
Why You Need a New Jersey Visitation Rights Attorney
Changing court-ordered child custody and maintenance arrangements requires interaction with the courts. An experienced visitation rights lawyer can help you navigate the sometimes complex and stressful road of court processes and procedures in family law cases. You can avoid gambling with the welfare of your children and your rights as a parent by getting a family lawyer who will advocate for you.
Contact A Visitation Rights Lawyer Today
If you are in Essex County and have questions about relocation, we can help you bring clarity to your situation. Call us at (973) 226-4141 or click here to schedule an appointment or get more information about how we can assist you.
