Removal or Relocation Out of State Attorney New Jersey
In the State of New Jersey, if a parent wants to move out of the state with the parties child, they must get either a Court Order allowing them to do so or obtain written consent from the other parent.
Various cases have been decided by the Appellate Division and the Supreme Court which dictates which standard would be used to determine whether or not a prent would be allowed to move out of state.
One of those cases, Baures v. Lewis, 167 N.J. 91 (2001), the Court determined that if a custodial parent wanted to move out of state oer the other parents objection, they must show that it is being made in good faith and is not against the child’s best interests. The Baures Court outlined 12 factors that a Court should consider as to whether or not the move was in the child’s best interests. Those factors include:
(1) the reasons given for the move;
(2) the reasons given for the opposition;
(3) the past history of dealings between the parties insofar as it bears on the reasons advanced by both parties for supporting and opposing the move;
(4) whether the child will receive educational, health and leisure opportunities at least equal to what is available here;
(5) any special needs or talents of the child that require accommodation and whether such accommodation or its equivalent is available in the new location;
(6) whether a visitation and communication schedule can be developed that will allow the noncustodial parent to maintain a full and continuous relationship with the child;
(7) the likelihood that the custodial parent will continue to foster the child's relationship with the noncustodial parent if the move is allowed;
(8) the effect of the move on extended family relationships here and in the new location;
(9) if the child is of age, his or her preference;
(10) whether the child is entering his or her senior year in high school at which point he or she should generally not be moved until graduation without his or her consent;
(11) whether the noncustodial parent has the ability to relocate;
(12) any other factor bearing on the child's interest.
Once the parent has presented their case and it is found that the move is in fact in good faith and is not inimical to the child, the burden will then shift to the other parent to produce evidence in opposition to the move.
This is simply one case used to guide the Court in determining whether a parent should be allowed to move. There is various other cases used to guide the Court. It is important to hire an New Jersey Removal Attorney to help guide you either in an effort to support your application to move or to try to stop the move should you be attempting to keep your child in the State of New Jersey.
It is important to hire an attorney to determine the following as same may effect the standard used by the court:
- What type of custody arrangement currently exists?
- How soon after you were divorced is the other parent attempting to move?
- Has circumstances changed since custody and parenting time was first determined?
- What are the effects if the move is granted? What will child support be, what will the parenting time be, and who will pay for visitation?
- Has a reasonable child visitation plan been proposed?
- Will relocation be detrimental to the child and his or her relationship with the other parent?
These questions and various other questions need to be addressed in order to determine whether or not a removal case will be granted. For more information, contact the Law Office of Regan A. Barbetti to speak with a knowledgeable attorney regarding your issues.
Contact The Law Office of Regan A. Barbetti, LLC Today
For the customized legal representation you need for your Removal or Relocation Out of State case, please contact us today. Our firm understands that each case is different, which is why we are always guided by the uniquely personal issues of each client and the various economic factors that exist.