If you live in Montclair and wish to relocate with your child either within or out of the New Jersey, it is important to understand how this could affect your parenting plan. A divorced parent who shares custody or visitation is generally not authorized to remove their children from the state without consent from their co-parent or authorization from the court.
However, there are ways of obtaining authorization if there is a good reason for the move and if it is in the child’s best interests. At the Williams Law Group, a knowledgeable attorney could answer your questions about child relocation in Montclair and advise you on your legal options.
If the custodial parent wants to move away from the non-custodial parent, there are a couple of questions that must be answered. Will the move be within New Jersey or to another state? If the parent is moving within the state, the distance that they are moving is the most important factor. The court considers the distance between the parents when determining custody and parenting time, so the farther the proposed move, the harder it will be to do so without the court’s approval.
If a parent wishes to move outside of the state, they must consider a different set of factors. A person must be a primary custodial parent to move out of the state with their child. If this is not the case, the custodial parent must decide whether it is appropriate to modify the custody arrangement. The court will also look at whether there is a good faith basis to move and if the relocation is in the best interests of the child. Anyone looking to move with their child from Montclair should consult a local attorney to better understand their legal rights and options.
The Uniform Interstate Family Support Act (UIFSA) is a statute designed to help parents establish and enforce their child support obligations across state lines. If a former partner resides or moves out of state, they are not relieved of their payment obligation.
In other words, even if a co-parent relocates, you can hold them responsible for their child support payments through an application filed in a Montclair court. You do not need to travel across state lines for the obligation to be enforced through the UIFSA. If you need assistance collecting child support from a former partner who relocated out of state, it is best to consult an experienced attorney in your area.
Whether you wish to move with your child or need to collect support payments from a relocated co-parent, a seasoned lawyer at our firm could advise you on the best legal pathway for getting the outcome you desire. Our attorneys are here to answer your questions about child relocation in Montclair and determine an appropriate strategy for your situation. Give us a call today to speak with a skilled member of our team.