Child Relocation

When a couple divorces, it is not unusual for one of them to want to move to another state. If there are minor children involved, however, this may not be possible. The New Jersey child relocation attorneys at Aretsky Law Group, P.C., protect the rights of fa-thers who are threatened with the possibility of losing important parenting time be-cause their ex-spouse wants to relocate with his children.

New Jersey law prohibits a parent from moving minor children out of the state without the consent of the other parent unless the court issues an order allowing such a move. Therefore, if the custodial parent wants to move out of state with the child and the non-custodial parent opposes the relocation, the custodial parent must file an application with the court requesting permission to relocate.

When the New Jersey family court receives an application to relocate, it must consider two important questions:

1. Is the request to relocate being made in good faith?
2. Will the child be harmed in any way by the move?

The custodial parent wanting to relocate with the child will be required to demonstrate to the court that there is “a good faith reason” for the request.” These are some com-monly cited reasons:

• a job promotion;
• the desire to be near extended family for emotional support; and
• the opportunity for higher education.

In addition to showing good faith, the applicant must provide a realistic parenting plan. This plan must detail what might be done to ensure that the noncustodial parent will be able to continue to have a meaningful relationship with the child: how they might communicate, what transportation would be needed, and so on.

In order to contest the petition, the noncustodial parent will have to file a responsive certification. That document should include corrections of any inaccuracies in the ap-plication to relocate. It should also provide detailed reasons why the request for relo-cation should be denied.

If your ex has filed a petition to relocate to another state or even to a distant part of New Jersey, you should contact a family law attorney with experience in these matters. A knowledgeable New Jersey child custody and relocation attorney can help you ad-dress each factor considered by the court.

New Jersey courts take child relocation very seriously. In order to decide whether or not to allow it, a series of factors are considered. Known as the Buares Analysis, these are the twelve factors:

• custodial parent’s reasons for requesting the relocation;
• noncustodial parent’s reasons for opposing the relocation;
• whether or not past dealings between the couple have had an impact on the
• decision to request or oppose the move;
• comparison of educational, health, and recreational opportunities in both states;
• whether the child’s special needs and talents will be addressed;
• feasibility of a communication and visitation schedule that allows the child and the
• noncustodial parent to maintain a full relationship;
• likelihood that the custodial parent will foster the relationship between the child and
• the noncustodial parent after the move;
• effect of the relocation on both extended families;
• child’s preference, if the child is old enough;
• if in or entering the senior year in high school, does the child consent to the move;
• the noncustodial parent’s ability to relocate; and
• anything else the court thinks has a bearing on the best interests of the child.

If the court determines that the request was made in good faith and that the relocation will not harm the child, then it will allow the relocation and a new parenting schedule will be ordered.

If, on the other hand, the court is convinced that the request was not made in good faith and/or that the move might harm the child in some way, then it will not grant permis-sion to relocate with the child. Of course, the custodial parent could decide to move anyway, but the child would remain in New Jersey, and the noncustodial parent would become the custodial parent.

If the parents share custody equally and one of them wants to relocate, then a new custody hearing would have to be held to determine which one would have custody of the child before any Buares Analysis is conducted.

Do you want to prevent your ex from moving out of New Jersey or to a distant part of the state with your child? Are you the custodial parent who wants to make such a move? In either case, an Aretsky Law Group, P.C., child relocation attorney can help.

Aretsky Law Group, P.C., has the expertise and resources to tackle tough child custody and parental relocation cases. We have handled several high-profile family law cases, including Knepper v. Knepper, which resulted in limiting the distance a divorced cou-ple’s children can be moved within the state of New Jersey. Family law attorneys in New Jersey often cite this decision in child custody and relocation cases.

For legal help dealing with these and other divorce and family law issues, call us at 800-537-4154 to schedule a free initial consultation. We are available to take your call 24/7.