Family Relocation Attorney in Hackensack, New Jersey
New Jersey’s family court addresses a wide variety of issues but one of the most complex and emotional is when one parent wishes to relocate with a child. Many noncustodial parents feel devastated and helpless when they learn that the person they share a child with wants to move away and slash the minimal time they get with their child even further. A custodial parent who wishes to relocate must have their move approved by the family court, which can be more challenging than ever given the recently increased standard for relocating. Regardless of whether you are a noncustodial parent who wishes to stop a relocation or if you are a parent requesting a move, it is important that you retain quality legal representation. Mark McAuliffe at McNerney & McAuliffe has what it takes to help you achieve your desired outcome. Contact our firm today to learn how Attorney McAuliffe can help you.
Recent Changes to NJ Relocation Laws
In August 2017, the state of New Jersey increased the standard that must be followed when a parent wishes to relocate out of state with a child. The court will conduct a best interests analysis to evaluate whether the move truly is in the best interests of the child and not simply because the custodial parent wants to move. The custodial parent will be subject to the burden of proving why this move is in the child’s best interest, which can be challenging. The judge hearing the case will take many factors into consideration when conducting a best interest analysis. Some factors that may be considered can include:
- The impact that the move will have on the child’s academic and social life
- Why the parent wants to move out of New Jersey
- How the move will impact relationships with the child’s other parent and family members
International Removal of a Child
One of the major issues our firm sees in terms of relocation is when a parent unlawfully removes a child from not only the state of New Jersey but from the entire United States. If the court did not approve a relocation with that parent they are violating a court order, which is very serious. It is also important to note that when a parent removes a child from the country, it becomes an international matter that may be handled by The Hague Convention. These laws will apply if one parent accuses another of kidnapping the child and removing them from the United States.
Contact a Bergen County Relocation Attorney
If you are the parent of a child who wishes to move out of state or you would like to stop your child’s other parent from moving, it is important to speak with an attorney. Mark McAuliffe has significant experience representing clients as they navigate family law matters such as relocation. He understands the seriousness of this situation and is here to help. Contact McNerney & McAuliffe today to discuss your case with Attorney Mark McAuliffe.
