Atlantic County Relocation Lawyer

When parents divorce or separate, child custody arrangements are often established with the expectation that both parents will continue playing active roles in their child’s life. Unfortunately, life circumstances can change. A parent may receive a job opportunity in another state, wish to move closer to extended family, remarry, or simply decide that relocating would provide a better quality of life for themselves and their child. In any case, if parents can’t agree on relocation, a court will have to determine whether the relocation will be in the best interests of the child. Whether you’re looking to relocate or oppose a relocation, our firm is here to help. Contact a skilled Atlantic County child relocation lawyer from the Law Office of Stephanie Albrecht-Pedrick, LLC for assistance today.

Can a Parent Move Away With Their Child After a Divorce?

The answer depends largely on the terms of the custody arrangement and whether the move would substantially affect the other parent’s parenting time.

In many cases, the parent seeking to relocate must first obtain permission before moving the child. Generally speaking, there are two ways this can happen:

• The other parent agrees to the relocation and provides written consent.
• The court grants permission after reviewing the circumstances of the proposed move.

Whether court approval is required often depends on several factors, including:

• The distance involved in the move.
• Whether the relocation would interfere with the current parenting schedule.
• The type of custody arrangement currently in place.
• The amount of time each parent spends with the child.

For example, moving a short distance within Atlantic County may not significantly affect parenting time and therefore may not require litigation. Moving several hours away, relocating to another state, or moving across the country, however, often raises substantial legal issues that require judicial intervention.

New Jersey courts approach relocation disputes by focusing on one issue above all others:

What arrangement serves the child’s best interests?

Unlike many family law matters, relocation cases can develop quickly because employment opportunities, housing arrangements, and school enrollment deadlines often create time-sensitive situations. For that reason, parents should speak with an attorney as early as possible rather than waiting until moving plans have already been finalized.

Parents should also understand that physical custody and legal custody are not the same thing.

A parent may be designated as the primary residential parent while still sharing joint legal custody with the other parent. In those situations, major decisions involving the child, including a substantial relocation, may still require the involvement or approval of the other parent.

What if the Non-Custodial Parent Doesn’t Approve of the Move?

Disagreements over relocation are extremely common.

A parent who opposes the move may believe that the relocation would damage their relationship with the child, interfere with parenting time, disrupt schooling, or create unnecessary instability. Those concerns are often legitimate and are taken seriously by New Jersey courts.

If the parents cannot reach an agreement, the parent seeking to relocate will generally need to file an application with the court requesting permission to move the child.

The court may schedule hearings, require the submission of certifications and supporting documentation, and in some cases appoint experts to evaluate the family’s circumstances.

Evidence frequently presented in relocation matters includes:

• Employment opportunities available in the new location.
• Information regarding schools and educational programs.
• Housing arrangements.
• The availability of extended family support.
• Proposed modifications to parenting schedules.
• Transportation plans for visitation.
• The child’s educational, emotional, and medical needs.

The parent objecting to the move may present evidence showing that relocation would negatively affect the child or substantially interfere with their relationship with the child.

Courts often encourage parents to negotiate practical solutions whenever possible. Some examples may include the following:

• Extended summer visitation periods.
• Longer holiday parenting time.
• Virtual parenting time through video calls.
• Transportation cost-sharing arrangements.
• Adjusted schedules designed to preserve the parent-child relationship.

Every relocation case presents unique facts, which means outcomes can vary significantly from one family to another.

What Factors Do Courts Consider in Relocation Cases?

New Jersey courts evaluate relocation requests using the child’s best interests as the guiding principle. Judges examine numerous factors before deciding whether a proposed move should be permitted. Some of the factors that may be considered are as follows:

• The child’s relationship with each parent.
• The child’s relationship with siblings and other household members.
• The history of cooperation and communication between the parents.
• Whether either parent has previously interfered with parenting time.
• The reasons the parent wishes to relocate.
• The reasons the other parent objects to the move.
• The educational opportunities available in the new location.
• The quality of schools in both communities.
• The child’s age and developmental needs.
• The child’s emotional and physical health.
• Any special medical or educational requirements the child may have.
• The effect relocation would have on the child’s stability and routine.
• The feasibility of preserving the relationship between the child and the non-relocating parent.
• The availability of technology to facilitate communication.
• Proposed parenting schedules following the move.
• Transportation logistics and travel costs.
• The child’s extracurricular activities and community involvement.
• The presence of grandparents and extended family members in either location.
• The financial circumstances of both parents.
• The employment opportunities available to the relocating parent.
• Whether the move would improve the child’s overall quality of life.
• The child’s preference, if the child is of sufficient age and maturity for the court to consider those wishes.
• Any history of domestic violence or safety concerns.
• Any additional factor the court determines is relevant to the child’s welfare.

Speak With a Child Relocation Lawyer in Atlantic County, NJ

Ultimately, whether you are seeking permission to relocate with your child or you are attempting to prevent a move that you believe would not serve your child’s best interests, it is paramount that you have a knowledgeable and experienced Atlantic County child relocation lawyer in your corner. Contact the Law Office of Stephanie Albrecht-Pedrick, LLC for an initial consultation today so we can discuss your circumstances and begin formulating a comprehensive strategy to protect your child’s best interests.