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23. Relocation

Gloucester County Relocation Lawyers Located in Woodbury, NJ

Seasoned Woodbury, NJ Relocation Attorneys Represent Clients in Child Relocation Matters in Gloucester County and Throughout South Jersey

Did you know that you can’t move out of the State of New Jersey with your child unless you have the consent of the other parent or permission of the court?

It’s true—while a parent could, in theory, move from Gloucester County to Cape May County without a Court Order, that same parent couldn’t move to Philadelphia without permission, despite it being closer in distance to his or her present residence.

That’s not to say that moving within the state doesn’t have its own implications. However, you don’t need court permission or consent to move.

If you’re facing a move out of state, or your ex is seeking to move out of state with your child, Smedley Law Group provides the guidance and legal support you need during this period of uncertainty.

What Factors Are Relevant When the Court Considers a Relocation Request?

In 2016, the Supreme Court of New Jersey court overturned what had been a 15-year-old standard in considering relocation requests. Under the new standard set forth in Bisbing v. Bisbing, New Jersey trial courts must now consider the same factors the court considers in an initial custody determination.

Under this new test, the court’s focus is entirely upon what is in the best interests of the child, where in the previous tests, the court was also focused on the rights of the custodial parent. 

Under the new standard, in considering relocation requests, the trial court should examine the same factors in a relocation case as they should in making an initial custody determination, as set forth in New Jersey Statute 9:2-4:

The parents’ ability to agree, communicate, and cooperate in matters relating to the child;

The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;

The interaction and relationship of the child with his or her parents and siblings;

Any history of domestic violence;

The safety of the child and the safety of either parent from physical abuse by the other parent;

The preference of the child, if of age, and capacity to reason so as to form an intelligent decision;

The needs of the child;

The stability of the home environment offered;

The quality and continuity of the child’s education;

Fitness of the parents;

The geographical proximity of the parents’ homes;

The extent and quality of the time spent with the child prior to or subsequent to the separation;

The parents’ employment responsibilities;

The age and number of the children.

When parents disagree, it can be extremely difficult to resolve child relocation cases. It’s critical to have an experienced family law attorney by your side to speak on your behalf and protect your rights, especially when emotions start to run high.

At Smedley Law Group, our trusted family law attorneys understand that your co-parent’s decision or reaction may have come as a surprise. In other cases, you may be anticipating a negative reaction to your decision to move. We’re here to help you navigate the complex process of resolving your child relocation matter.  

To learn more about how the law handles these cases and to get started working toward a solution, contact us for a consultation today.

Our Experienced Woodbury Relocation Attorneys Can Help You Resolve Your Child Relocation Matter

Even if you’ve reached an agreement and one parent will relocate with the child, that’s far from the end of the story. The non-custodial parent continues to have parenting rights.  

The next step in the process is to determine how and when the non-custodial parent will spend time with the child. That includes not only scheduling and logistics, but also determining who’ll be responsible for the cost of traveling between the two parents’ homes. Dividing time on holidays is another contentious issue that arises when the parents live far apart.

We always advise that you discuss these and other issues that may arise in advance—before conflict ignites down the road. Getting experienced legal advice gives you the opportunity to reach a comprehensive plan so your children have the stability they need after a move.

Call Today to Schedule a Consultation With a Child Relocation Lawyer in Woodbury, NJ Who Can Help

At Smedley Law Group, we treat our clients like the unique individuals that they are. We know that life’s complexities can be difficult to handle—and that’s where we can help. Our family law attorneys will listen to your story and help you understand your legal rights.

Doing what’s right for a child doesn’t always look the same. We’re here to put our experience and dedication to work for you. If you’re considering relocating out of state with your child, or are in a situation where such a relocation may be forced on you, don’t wait to get legal help—set up a consultation with an experienced Woodbury, NJ relocation attorney as soon as the issue arises. We can go to work protecting your rights today.

Frequently Asked Questions About Child Relocation Issues in New Jersey

FAQ: My child’s other parent says they don’t need my permission to move my child out of state because they have primary child custody. Is this true?

No. In fact, moving a child out of state without going through the proper channels is very serious—criminal penalties may even apply. New Jersey courts have the authority to enforce child custody arrangements even if the custodial parent decides to move. The family courts can impose monetary fines if one parent moves a child out of state without first modifying the existing custody order. In some cases, the court may even give the other parent primary custody.

FAQ: What should I do if I’m considering a move and don’t think my co-parent will respond favorably?

You should always get legal help as early in the process as possible. Consulting a lawyer doesn’t obligate you to take any action. A lawyer’s advice can help you understand your legal rights so you can consider all of your options. Although every case is unique, our lawyers have enough experience to help you understand the potential outcome in your specific scenario. That understanding can help you make smart, informed decisions that are more likely to result in the best outcome for your family.

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Ready to throw out the status quo?

Book a consult today.

Our powerhouse team of attorneys have chosen to devote their entire practice to family law, ensuring you have a support system of strong litigators who’ll work on your behalf in your unique situation. We listen and talk with you to determine your goals and desired outcomes, and then work with you to achieve them through our advocacy.

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