Relocation is a very complicated issue in child custody cases. Relocation can disrupt established relationships, schooling, and many other factors in a child’s life and may have a negative impact on the future of the child. In most cases, both parents have worked to establish a positive joint child custody arrangement. Even in times when one parent may have physical and legal custody, the other parent continues to work towards being a positive role model to their child and be a major part of his or her life. The thought of a child living far away can be overwhelming. New Jersey courts must act in the best interests of the child and when circumstances will negatively impact the child, judges may have to decide against the custodial parent who wants to move. In other circumstances, the move can be positive for the family. Every case is different and it is up to the judge to decide what is best for the child. If you are involved in a case where relocation is a factor, you should contact Paris P. Eliades Law Firm, LLC for a consultation.
Courts will review the circumstances
Relocation cases have changed. As of August of 2017, New Jersey adjusted the test for relocation to follow the “best interests analysis” as set by the case of Bisbing vs. Bisbing. A court must believe that it is in the child’s best interests to move. In order for New Jersey judges to consider relocation, the evidence supporting the move must be very convincing to the court. They must consider many factors, including:
- The parents’ ability to cooperate and communicate regarding the child’s life
- The parent’s ability to accept custody and any history of unwillingness to allow parenting time
- The impact of the move on the child’s relationship with his or her parents and siblings
- Any history of domestic violence
- The safety of the child and custodial parent from the other parent
- If of age, the preference of the child
- The child’s needs
- The fitness of the parents
- The quality of education in the new environment
- The stability of the new home environment
- The distance between homes
- The age and number of children
- The quality and extent of time spent with the child before or subsequent to the separation
- The custodial parent’s new job responsibilities
The list is centered on the best interests of the child. It is important to discuss your case with an experienced and effective legal team when facing such significant legal matters.
Contact a firm with years of experience with relocation cases
At Paris P. Eliades Law Firm, LLC, we are committed to our clients’ wishes. Our compassionate attorneys understand that circumstances change. If you are a parent inquiring about relocation or a noncustodial parent who opposes it, you should contact Paris P. Eliades Law Firm, LLC to protect your family. Let our attorneys assess your case, guide you through your options, and help you come to the best possible conclusion for your legal matter. We understand that this issue may be tough and we are available to ease you through these trying times and on to a better situation. For the quality legal services you deserve, contact Paris P. Eliades Law Firm, LLC for a consultation today.