When One Parent Wants To Leave — With The Children

Few family law issues evoke more emotion that make child custody matter. If one parent proposes to move with the children, the other parent may fight to keep the children nearby. It is possible for one parent to move away with the children, sometimes referred to as a moveaway, but they must make their case to the court.

Child custody issues are complicated and take many factors into account. An experienced lawyer such as Robin Jill Schneider can help you determine if those factors will allow one parent to move with the child. Robin is a New Jersey Supreme Court-Certified Matrimonial Attorney.

A Change In New Jersey's Approach

In New Jersey, the parent seeking to move out of state with the children must now prove that the move is in the best interest of the child. The old standard only required the parent to prove that it would not be harmful to the child. New Jersey's higher standards have made it harder to prove that such a move is warranted.

Some argue that such a change is long overdue. Studies support the idea that most children do better when they have both parents involved in their lives. FaceTime is just not the same as spending time with a parent in person.

Some people, however, have expressed concern that the law may create roadblocks for people who are trying to leave for valid reasons of domestic violence, money (it's expensive to live in New Jersey) or family. If you are in this situation, seek experienced legal guidance right away to improve your chances of success.

Protect Your Parental Rights

If you are facing a difficult custody matter, call our Matawan office at 732-812-4944 for a free attorney consultation, or contact us online. We represent clients from Middlesex, Monmouth and Ocean counties in New Jersey.