When one parent wishes to relocate to another state or remove a child from New Jersey to another state, if that parent cannot obtain consent of the other parent, generally, a motion for removal or relocation is necessary.
Often a Court, after a finding of a prima facie case for the removal or relocation, will order that a plenary hearing occur where testimony may be taken and evidence submitted to the Court.
Depending on whether the party seeking the removal is the parent of primary residence or not will determine the approach of the Court.
If the party seeking removal or relocation is the parent of primary residence then the Court looks at the "Baures" case factors and determines whether there was a "good faith reason" for the party to move. That could include family, a new job, opportunities for the child or other matters.
If the party seeking removal or relocation is not the parent of primary of residence, then a custody determination must first be made and the Court must determine whether there has been a "substantial change in circumstances" necessitating a change in custody and what is in the best interest of the child.
Often in custody motions, child psychology experts are retained to determine what is in the best interests of the child. At Green & Associates, we are familiar with child custody experts and can help you with this process.
If you live in East Brunswick, New Jersey or Middlesex County, New Jersey or Fort Lee, New Jersey or Bergen County we are experienced lawyers in relocation and removal motions and plenary hearings that generally accompany them. Let us help you obtain what is best for your child and your future together, wherever that may be.