The fact that the New Jersey family court did not make you the custodial parent in your initial divorce case may already be difficult for you. But now, you may feel overwhelmed and helpless if your former spouse returns to the court and petitions to move further away with your child. Understandably, a lot of thoughts and emotions may be swarming through your head at this time, the main one being whether the court would consider granting this. Well, continue reading to learn whether the family court would allow your child’s relocation away from you and how an experienced Morristown child relocation lawyer at Graves Andrews, LLC, can help you cope with this potential reality.
Under what circumstances would the family court allow for my child’s relocation?
Like any other decision concerning your child, the New Jersey family court may determine whether your child’s relocation would work in their best interest. So, the probability of this being granted may all depend on the reasoning and arguments your former spouse brings forward. For one, your former spouse may claim that they received a job offer in a different city or state that gives them a significantly higher earning potential than their current employment. With this, they may claim that their improved financial situation may help them provide your child with a better quality of life.
Secondly, they may cite that your child has special education or healthcare needs. Further, they may claim that your current area does not have the tools and resources to meet your child’s most or all of your child’s needs. In a final example, your former spouse may prove that they are trying to move closer to their extended family and other loved ones. Here, their argument may be that they are seeking additional help for childcare needs, along with emotional support and a sense of community for your child.
Would the family court ever grant my child’s international relocation?
It is rare and therefore difficult for your former spouse to make a case to move your child abroad, without you following suit. Here, they must establish that their intentions are genuinely in the best interest of your child instead of just a means of driving a physical and emotional wedge between you and your child. Even so, though, the New Jersey family court may carefully consider the following factors to decide whether granting this relocation is well worth it:
- The United States Department of State’s travel warnings for the country your former spouse wishes to move your child to.
- The international country’s enforced family laws and whether they will align with your existing child custody and visitation orders.
- The cost of you or your child traveling from one country to another to maintain a relationship and uphold your visitation arrangement.
- The drasticity of the consequences of your child leaving behind their established life (i.e., family, friends, school, extracurricular activities, etc).
Before this gets too much, please seek the guidance and counsel of a skilled Morristown family law attorney from Graves Andrews, LLC. We will work to the best of our ability to minimize or eliminate this mess from your immediate worry.