It is common after a divorce for one or both parties to desire to move to a new location, whether for employment, remarriage, or to be closer to family members. But this can pose significant problems when children are involved. No parent wants to lose close physical contact with his or her child when the other parent moves away.
If a divorced parent wants to move with his or her child from New Jersey to another state (and in some cases within the state) but the other parent does not consent, the court may need to decide whether or not to allow the move after considering a number of factors.Experience in Complex Child-Custody, Moving and Relocation Issues
Whether you are seeking to relocate with your child or attempting to prevent such a move, it is crucial that you obtain the advice of a skilled, experienced family-law attorney specializing in such matters.
At the law office of Aretsky Law Group, P.C. our astute family law attorneys will clearly explain your rights and options regarding parental relocation and child custody and will use our extensive knowledge of case law and other relevant factors to help you achieve your goal. This may be done as part of a divorce settlement or after a divorce agreement has been finalized when seeking to change child custody and parenting time or visitation provisions.
Aretsky Law Group, P.C. has handled several high-profile family law matters, including the child-custody case of Knepper v. Knepper, which resulted in limiting the distance a divorced couple’s children could be moved within the state of New Jersey. This decision is often cited by family-law attorneys in New Jersey child-custody and parental-relocation cases.
We can also assist grandparents in asserting their rights to visitation with a grandchild. While grandparents may not petition to prevent a child from moving out of state, they may petition to visit the grandchild.New Jersey Relocation of Children Factors: Baures Analysis
In 2001, the New Jersey Supreme Court in Baures v. Lewis enumerated several factors that should be considered when determining whether or not to grant the request to relocate out of New Jersey. These twelve factors became known as the Baures analysis.
In general, the parent requesting the move must show that the request to move is being made in good faith and that the move will not harm the child in any way.
The following questions are based on the factors considered in the Baures analysis. If you are involved in a court case involving the possible relocation of minor or an unemancipated child from New Jersey, you might be asked to respond to one or more of these questions:
- What are your reasons for the move out of New Jersey?
- What are your reasons for opposing the move of the children?
- Are you being influenced by past dealings with your ex-spouse?
- Will the child will receive educational, health, and leisure opportunities equal to or better than what is currently available to the child
- Does the child have special needs or talents that require accommodation? If yes, will that accommodation be available in the new location?
- Can parenting time or visitation and communication schedule be developed that allows the noncustodial parent to maintain a full relationship with the child?
- Is the custodial parent likely to continue to foster the child’s relationship with the noncustodial parent
- What effect will the move out-of-state have on extended family relationships both in New Jersey and in the new location?
- If the child is of age, what is his or her preference?
- Is the child entering his or her senior year in high school?
- Does the noncustodial parent have the ability to relocate?
Aretsky Law Group, P.C., has the experience and the resources to tackle tough cases, including international child-custody and parental-relocation cases. We focus our law practice on family law, so we are always up to date on the latest legal trends and court decisions both in the state of New Jersey and at the federal level.Ccontact Our New Jersey Child Custody Lawyers
For legal help with these and other complex child-custody, relocation and parenting time or visitation cases, contact Aretsky Law Group, P.C.