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Motions for Relocation and What You Need to Know

Jan 28, 2015 @ 05:15 PM — by Michael Green

If you are seeking to relocate with your child out of the State or if the parent of primary residence is seeking to relocate, you may be facing the filing of a motion for relocation.  In New Jersey, both parents of a child must consent to the relocation or a Court must order the relocation in order for a child to be relocated outside the State of New Jersey.

Upon the filing of a motion for relocation, the Court will consider the status quo of the parties as to custody and parenting time and who is the parent of primary residence.

If a parent is the parent of primary residence, they will have to show good cause for the relocation, which may include a position of employment or family located in the area of relocation.  A Court may consider ordering a plenary hearing, a trial where evidence is submitted and testimony is taken, to determine whether or not to allow the relocation.  The party seeking relocation must submit a parenting plan that allows for adequate parenting time based on the current custody and parenting time arrangements.

In some instances, an expert may be required to give a best interest analysis as to whether or not the relocation is not imicable to the best interests of the child.  Parties may submit proofs regarding the schools the child is to attend and its ranking.  In addition, information as to where the parties will live and the local areas facilities for the child may also be submitted.

An expert may then submit a report and be required to testify at the plenary hearing as to the best interests of the child and that the relocation would not be against the child's best interests.

If you are considering a relocation, for whatever reason, or if you are contesting the relocation of your child, please call us at Green & Associates to help you with the litigation of this issue.  Our offices are located in East Brunswick and Fort Lee and you may call us at 732-390-0480 or 201-242-1119.  We have handled many motions for relocation for parties seeking a relocation and contesting a relocation that have included an expert and have not, on motions alone and those that require a plenary hearing.

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