Bergen County Child Relocation Attorney

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 generally must obtain either the other parent’s consent or approval from the family court before relocating with a child out of state, which can be more challenging than ever, given the current legal standard established by New Jersey courts. 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 a Bergen County child relocation attorney can help you.

Recent Changes to NJ Relocation Laws

In August 2017, the state of New Jersey updated the legal standard that courts apply 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 that there is cause for the move and that it is in the child’s best interests, 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
• Any other factors relevant to the child’s best interests under New Jersey law

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 potentially violating custody rights or applicable court orders, which is very serious. It is also important to note that when a parent removes a child from the country, it may become an international legal matter, and in certain cases, the Hague Convention may apply. These laws will apply in appropriate cases where one parent alleges that a child was wrongfully removed or retained across international borders.

Contact a Bergen County, NJ Child 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.