The relocation of your child can affect your life. If your child is relocated to somewhere far, it can affect your whole relationship. Parents do not want to have their children separated from them. Although child custody arrangements are in place, parents can still fight against the relocation of their child. If your former spouse is trying to relocate with your child, you can take legal action to prevent this from occurring. By filing a motion with the court, it will bring the case in front of a judge for review. The judge can make a final decision for the best situation for the child. For these situations, you will need experienced legal counsel to help with your defense and prevent your child’s relocation. If a judge believes the relocation of the child will have a negative effect on them, they may not allow the child to relocate with your former spouse. Even though you may not have the role of custodial parent in the custody agreement, you are still able to fight against your child’s relocation. The court system tries to keep the child’s relationship with both parents working. They would not want to jeopardize that. However, if one parent proves that they are unfit as a parent, the relocation of the child may be seen as beneficial. These situations can vary on a case by case basis.
Does legal custody give me a say in relocation matters?
Parents with legal custody of a child are entitled to make decisions for the child, including a range of issues. These decisions can be in relation to their education, medical treatment, religion and much more. The relocation of your child is another decision that you are included in. If you believe this relocation will have negative effects on your child, you need to stand up for your child’s safety and well-being. If you do not want your relationship with your child to be affected, you may also be entitled to present this reasoning. The courts do not want to disrupt the child custody arrangement that is in place. If one parent is trying to move across the country with the child, this can cause the relationship between the child and the other parent to be greatly affected. Judges will take into account all the factors involved to make a final decision for the relocation.
The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.