Away Custody in New Jersey – Child Custody and Child Abduction
Child custody attorneys in New Jersey continue to see an increasing number of away custody cases that devolve into allegations of child abduction and other serious legal complications.
Nothing is more terrifying than child abduction and the fact that the other parent is responsible is often of little comfort. Nor may it matter much from a legal standpoint in cases where the authorities become involved.
The U.S. Department of Justice estimates more than 200,000 children a year are victims of family abduction.
For non-custodial parents, a child custody attorney in Middlesex County should be contacted immediately so that an emergency motion can be filed with the court. The court can then issue a prevention or relocation order.
Child Relocation in New Jersey: Winning Court Permission
Taking proper legal steps to move away with a child requires adequate planning and permission of the court, if not the non-custodial parent. Failure to follow proper legal guidelines can have significant financial and legal ramifications.
You will likely be required to return with the children, regardless of whether you have a new job or have purchased or sold your primary residence. While the court recognizes there may be real and valid reasons to move away after a divorce, it seeks to limit geographical estrangement of a non-custodial parent, particularly without legitimate, documented reason. Doing so may also impact your ultimate ability to win proper legal permission.
In other words, this is one area where it is not better to beg forgiveness than to ask permission.
Moving Out-of-State: Child Custody in New Brunswick
In considering a request by a custodial parent to move away, the court will consider a number of factors, including:
- Reasons for the move and opposition of non-custodial parent as well as the past history of relations among all parties.
- Educational, health, and other opportunities for the child as well as any special needs.
- Whether proper accommodations can be developed to maintain a child’s relationship with the non-custodial parent – including whether the non-custodial parent can locate.
- Effects on a child’s relationship with extended family members.
- Any other impact on the child.
Ultimately the court will determine whether or not the move is in the best interests of the child. It can be best for a parent seeking to move away with children to negotiate alternative visitation arrangements in good faith. Child custody issues in New Brunswick are always complex and often contentious, but never more so than when one parent desires to move out of state.
Contacting an experienced family law firm can take some of the emotion out of the discussions, while protecting a client’s rights and relationships with their children. A parent may choose to move out of state for many valid reasons, including job opportunities and to be closer to family.
Botching such a move can have long-term ramifications and may require you to remain near your former spouse until your children reach adulthood. Conversely, failure to properly challenge a move by a former spouse in a timely manner may have long-term consequences when it comes to maintaining a relationship with your children.
Contact Rozin-Golinder Law LLC by calling (732) 810-0034 for a free and confidential consultation.
Additional Resources: Children Abducted by Family Members, National Estimates and Characteristics, U.S. Department of Justice.