© 2024 Law Office of Sarina Gianna, LLC.
All rights reserved. Attorney advertising.
How are child relocation cases handled?
During the divorce process, these cases also need to decide on child custody arrangements. With these arrangements, it will decide how the child will spend time with their parents. Once these parents are divorced, it can lead to separate lives. They will be legally divorced and start a new life apart from one another. This can lead to other changes in their lives. They may decide to relocate due to make a change or due to a job opportunity. When a parent decides to move to another location, they may try to relocate with the child. As the opposing parent, you may not be willing to let them relocate with your child. To prevent this, you should file a motion with the court to make this a case that enters litigation.
When child relocation cases are brought to court, the judge will act upon the best interests of the child. The child’s best interests is always the first thing to consider.
Is this relocation possible?
Relocation of your child is possible. The judge will take into account all aspects that can affect the child, including the parents’ ability to provide for them. However, judges will try to keep the child’s relationship with both their parents open and easily available for communication to continue a healthy relationship. The custody arrangement that is in place can also affect the case. If a parent only has visitation rights, they may not have a solid case against the child’s relocation with their other parent. With split physical and legal custody rights, the child may not be able to relocate with the parent. The arrangement can have a big effect on the final decision.
What is physical custody?
When a parent is given physical custody of their child, it means that they are the custodial parent. As the custodial parent, the child will reside with this parent most of the time. Since they will reside there, they will spend more time with this parent than their other parent. The other parent may get some rights to see the child and have the child reside with them. However, it may not be as much time with the child.
Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. If you need a divorce and family law attorney in Ocean County, New Jersey, contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.
