Frequently Asked Questions About Parental Relocation With A Child In New Jersey

If you are a parent considering relocation or dealing with a co-parent who wishes to move away with your child, it’s crucial to understand the legal implications and processes involved. At the Law Offices of David T. Garnes, LLC, located in Cherry Hill, New Jersey, our skilled family law and child custody attorney is here to help guide you through these challenging circumstances. Here are the seven most common questions about parental relocation with a child in New Jersey, including what happens to child support when a non-custodial parent moves out of state.

What is considered parental relocation in New Jersey?

Parental relocation involves moving a child’s residence significantly far enough to impact the current custody arrangement. In New Jersey, relocation is considered when a custodial parent wishes to move the child to a location that makes the existing parenting time arrangement unfeasible or impractical.

Our parental relocation overview provides more helpful information about relocating with a child.

How is child support affected if the non-custodial parent moves out of state?

Child support is not automatically adjusted based on relocation. However, if the move impacts the financial needs of the child or changes the custody arrangement, either parent may request a review and modification of the child support order. The court will consider the changed circumstances, including any increased costs associated with travel for visitation or changes in either parent’s financial situation. It’s important to understand that non-custodial parents must continue paying child support regardless of where they reside. The obligation to pay child support does not end just because the non-custodial parent or the custodial parent moved to another state. If you have questions about any of these matters, we encourage you to contact our child custody attorney, David T. Garnes, for a free consultation.

What legal steps must a custodial parent take to relocate with a child?

The custodial parent must first obtain consent from the non-custodial parent or, if consent is not given, seek approval from the court. The moving parent must demonstrate that the relocation is in the child’s best interests and not detrimental to their welfare.

How does the court determine if relocation is in the child’s best interest?

The court considers several factors, including but not limited to: the reasons for the move; the reasons the non-moving parent opposes the move; the past history of dealings between the parents, educational, health, and leisure opportunities available in the new location; and the child’s preference depending on their age and maturity.

Can a non-custodial parent prevent the relocation?

Yes, if the non-custodial parent can demonstrate that the move would not be in the child’s best interest or could adversely affect the child’s life, the court may deny the relocation request.

What are the implications for custody arrangements?

If the relocation is approved, custody arrangements may need to be modified to accommodate the new geographic circumstances. This might include adjusting visitation schedules and allocating longer blocks of time during school breaks, holidays or summer vacations.

Please see our Child Custody FAQ to learn more.

What should parents do to prepare for a relocation case?

Preparation is key in relocation cases. Parents should gather evidence supporting their position, whether they are the relocating or non-relocating parent. This includes documenting communication with the other parent about the move, reasons for the relocation (such as economic, health or educational benefits), and information about the new location’s impact on the child’s well-being. Consulting with a knowledgeable child custody attorney is also crucial to effectively present your case and protect your rights and the best interests of your child.

How Our Child Custody Attorney Can Help

At the Law Offices of David T. Garnes, LLC, we understand that parental relocation can significantly affect your relationship with your child and your ongoing parental responsibilities. Our experienced child custody attorney in Cherry Hill is here to provide compassionate and competent legal representation to ensure that your rights are protected and the best interests of your child are served. If you have any further questions or need assistance with a parental relocation issue, please do not hesitate to contact us. We are here to help you navigate these complex legal waters with confidence and care.

Contact A Child Custody Lawyer In Cherry Hill For A Free Consultation

For a free consultation, please call the Law Offices of David T. Garnes, LLC at 856-324-4593 or 267-838-9713, or complete our contact form. Our child relocation attorney represents clients in New Jersey and Pennsylvania. Se habla español. Evening and weekend appointments are available, and flexible payment plans are also offered.