Move Away Attorney In New Jersey
Relocation can be challenging under any circumstances, but it can be especially complicated when parents share custody of a child. A move that feels necessary to one parent may seem like a potential loss of parenting time to the other, leading to disagreements that require legal review. A New Jersey move-away lawyer from our firm can help parents navigate these challenges by explaining the legal steps involved and how relocation requests are handled.
Why Work With Ford Brown Law?
Legal guidance can be helpful when navigating a relocation dispute through the court system. A qualified New Jersey move-away attorney at Ford Brown Law brings familiarity with local courts and an understanding of state custody standards. A black woman-owned law firm, we handle family law cases in Middlesex County, Essex County, Union County, Morris County, and other counties throughout the state.
What Is a Move-Away Case in New Jersey?
In family law, a move-away case is a legal dispute where a parent with custody seeks to move with their child to a location that could disrupt existing custody and visitation arrangements. When parents are in dispute on these matters, the court may need to grant approval to ensure that the move is in the child’s best interests and that the child’s relationship with both parents is preserved.
The impact of a proposed move often depends on the existing custody arrangement, including whether parents share legal or physical custody and how parenting time is structured.
According to data from the New Jersey Courts’ annual statistics, tens of thousands of family-related cases are filed statewide each year. Between 2021 and 2022, there were 43,498 family division trial court filings, highlighting how frequently family law cases, including those involving custody and parenting time issues, come before the courts.
Common Situations That Lead to a Move-Away Case
There are various life changes that can lead to a move-away case, including the following:
- Employment-related relocation: A parent’s livelihood may depend on relocation for a job.
- Family support: A move closer to extended family members may provide additional support for the child’s care.
- Access to Schools: Educational needs might necessitate access to an out-of-state school.
- Medical Care: Health circumstances may require a move to be closer to necessary care.
- New Family Unit: A new marriage or family unit may lead to relocation to a different state.
If you believe your circumstances make a move necessary for your child’s well-being, our legal team can advocate for you before a family law judge. We can also work with you and your co-parent to come up with a new custody arrangement that works for both of you.
The Move-Away Case Process in New Jersey
According to U.S. Census Bureau data, millions of Americans move across state lines each year, which can complicate custody and parenting time arrangements when parents live in different states.
In many cases, parents are encouraged to reach an agreement regarding a proposed relocation. If both parents agree to the move, the agreement may be submitted to the court for review and approval. When parents cannot reach an agreement, the court may need to evaluate the relocation request under New Jersey law.
New Jersey courts provide information and guidance on child custody and parenting time as part of family law proceedings.
Depending on the circumstances, the court may suggest additional steps to help parents address disagreements before making a final decision. The court may also consider how a proposed move would affect parenting time and the child’s day-to-day needs before issuing a ruling.
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When to Hire a Move-Away Lawyer
When there is a legal dispute between parents over relocation out of New Jersey, the guidance of an experienced move-away lawyer may be helpful. Choosing to hire a move-away lawyer may help clarify your rights and obligations under state law.
An attorney can also assist with court filings, represent you in court proceedings, and facilitate discussions between you and your co-parent when possible. Having legal representation can help the process move forward in a more structured way.
FAQs
Can I Move Out of State With My Child Without the Other Parent’s Permission in New Jersey?
Under N.J. Stat. § 9:2-2, you cannot move out of state with your child without the agreement of the other parent or approval from the court. When a custody or parenting time order is in place, proposed relocations that affect parenting arrangements are typically subject to legal review. Whether a move is allowed depends on the specific custody arrangement and the circumstances involved in the case.
Can a Parent Move Out of State While Paying or Receiving Child Support in New Jersey?
A parent may be able to move out of state while paying or receiving child support in New Jersey, but the move does not automatically change existing child support obligations. Child support and custody are handled separately under New Jersey law, although a relocation may raise additional legal questions related to parenting time or enforcement. How these issues are addressed depends on the specific circumstances of the case.
How Long Does a Move-Away Case Take in New Jersey?
The length of a move-away case in New Jersey may vary depending on the circumstances involved. Factors such as court scheduling, the level of disagreement between parents, and whether additional steps are recommended by the court can affect timing. Some cases move more quickly than others, while more complex cases may take longer to resolve. Each case is handled based on its specific facts.
Do I Need a Lawyer for a Move-Away Case in New Jersey?
Not every move-away case requires legal representation, but many parents choose to work with an attorney when relocation affects custody or parenting time. A lawyer can help explain how New Jersey law applies to a specific situation, assist with court filings, and represent a parent if disputes arise. Whether legal help is needed depends on the complexity of the case and whether both parents agree on the proposed move.
Dedicated New Jersey Move-Away Attorneys
Relocation cases involving child custody can raise complex legal questions, especially when parents do not agree on a proposed move. Speaking with a family law attorney can help clarify how New Jersey law applies to your situation and what options may be available. To learn about move-away cases or to discuss your circumstances, contact Ford Brown Law to schedule a free consultation.
