The arrangements made for custody and living arrangements for minor children during a divorce usually provide clear instructions regarding the ability of the custodial parent to relocate with their children. This can limit the ability of parents with custody to take advantage of job opportunities or to move to be closer to other family members. Altering the arrangements made at the time of the divorce can be difficult, especially if the other parent does not agree to the relocation. The experts at Birz Law can provide you with legal advice and representation for relocation cases in the states of New York and New Jersey.
Safeguarding the Welfare of Children
The custody arrangements put in place by the court are intended to ensure that children enjoy the most stable environment and the support of both parents where that is possible. Relocating to an area far away from the noncustodial parent can make visitation difficult and could prevent children from continuing to enjoy a solid relationship with both parents. As a result, the courts will need compelling arguments and evidence that the move is in the best interests of the children. Jenny Birz and the legal professionals at Birz Law can help you navigate the complexities of the law when dealing with child relocation cases.
What the Courts Consider
Courts in New York and New Jersey typically consider the following factors when determining whether a relocation by a custodial parent is acceptable and should be allowed:
• The best interests of the child
• The reason for the relocation
• The reason for opposition to the relocation, if any
• How the relocation will affect visitation rights and contact with the noncustodial parent
• Potential effects on schooling, health care, and other ongoing activities
• The existing relationship between the child and each of the parents, as well as extended family members
• How the move will affect the child financially and emotionally
Both the custodial and noncustodial parents will be asked to present their reasons for wanting or not wanting the relocation to take place. The courts will then decide based on what they believe is in the best interests of the children.
Why Relocation Requests May Be Denied
If the court deems that the reasons for relocation are not adequate to justify the upheaval in the child’s life, they may deny the request for alteration of the divorce agreement and require the custodial parent to stay in the same general area. In most cases, working with an attorney who specializes in family law in New York and New Jersey can provide added help in achieving the desired outcome for custodial parents in our area. Jenny Birz and the Birz Law team can provide you with the most effective arguments and the right legal documentation to support your request and to make sure that your side of the story is well represented in the family court system.
Defending Against Relocation Requests
Making the case that your children should not be relocated to an area far away from you can be a challenging undertaking. Birz Law can help with proven experience and knowledge of the New York and New Jersey family court systems. Jenny Birz will work with you to support your case for keeping your children close and ensuring that you and your extended family can spend time with your children. We can collect evidence on your behalf to show that the move will not be beneficial for the children and that they should stay in close contact with both parents rather than just one.
If you need help navigating a child relocation request on your own part or on the part of your former spouse, call Birz Law today at 201-701-1218. We specialize in providing you with the most effective solutions for divorce issues, family law matters and child custody cases. Jenny Birz and the entire Birz Law team will work to resolve your issues quickly and effectively. We look forward to the opportunity to work with you.