Parental Relocations

Morristown, New Jersey, Lawyers

Frank Grather heads the family law practice at Broderick, Newmark & Grather, P.C. Practicing law since 1985, Mr. Grather brings many years of experience to bear on issues related to parental relocation and he is a Certified Matrimonial Law Attorney by the New Jersey Supreme Court.

The relocation process following a divorce

Following a divorce, one parent may want to move to obtain a better job, to be closer to family, or to get a fresh start in a new city. When a divorced or separated parent with primary residential custody wishes to relocate with the parties' child or children, there is a process to be followed. Because a move can interfere with the remaining spouse's custody and visitation rights, New Jersey law requires that both parents consent to a move. When one parent does not give consent to the move, family court becomes involved. The firm's attorneys represent both parents who wish to move and those who hope to prevent a move.

Factors considered by the court before ruling on a relocation motion

In New Jersey, the family court examines many factors before making a ruling on a relocation (also known as a move-away) request. These factors include:

• Reasons for moving
• Reasons for opposing the move
• The educational, social and recreational opportunities available to the child in the new location
• Whether the child has special needs that will be addressed in the new location
• Whether the visitation rights of the non-custodial parent will be upheld
• The preferences of the child, if old enough

The best interests of the child are most important

These and many other considerations go into a determination regarding relocation. In this and in all family matters, the best interests of the child are paramount. In addition, the court strives to preserve the parental rights of the non-custodial parent, whose parenting time with the child will likely be greatly decreased if the other parent is allowed to move to another state.

The firm's lawyers advise and counsel clients on the process for petitioning for or opposing a parental relocation. They work with parents to help them understand the law, its intent and its effect on their plans. To speak with a family law attorney who can advise on matters related to parental relocation, call 973-813-7074 or contact the Morristown, New Jersey, law firm of Broderick, Newmark & Grather, P.C.