Jersey City Parental Relocation Attorney
Are you a parent who wishes to relocate with your child? Are you facing a difficult child custody and visitation dispute? Our Jersey City Parental Relocation Attorney can safeguard you through this tough legal process. We have over 30 years of experience handling family law matters. Call today for a free case review.
It’s a fact of life — lives change. People get new jobs. Ex-spouses remarry. Children grow up. Parents move.
When a divorced parent wishes to move out of the state or country with his or her child, the issue becomes a complicated legal matter. Whether you are a parent who wishes to move and take your child with you, or your child’s mother or father is planning on moving and taking your child with them, contact Freeman Law Center, LLC.
Our Jersey City parental relocation attorney understand that children benefit from having close relationships with both parents. We help parents dealing with relocation, while working towards an arrangement that ultimately benefits the child.
For a child move-away or parental relocation to be granted, there has to be a compelling reason. If a parent wants to leave New Jersey, they must petition to the court to move out of state. If the court grants permission, the other parent now has the opportunity to object. Both parents have to agree to the terms of the relocation.
What is Considered?
Many issues are considered when making legal decisions about parental relocation, including:
- whether the parent has a compelling reason to move (for example, remarrying, new job, military duties, etc.)
- how the move will affect the child or children’s education
- how the move will affect the child’s relationship with other parent and family members
If the non-custodial parent is objecting to the move, the courts will consider his or her reasoning. All decisions about the relocation are made in the best interests of the child. Therefore, the courts pay special attention to the relationship of the parents, and whether this is affecting the decision to object to the move.
>> What are grounds for divorce in New Jersey?
Some of the most common grounds for divorce are:
- Mental cruelty
- Physical cruelty
- Irreconcilable differences
Some of these grounds for divorce can be difficult, time consuming, and costly to prove. Because of that, by far the most common grounds for divorces filed in New Jersey is “irreconcilable differences.” To prove this, the court only requires you to prove that you and your spouse have been unable to get along for six months.
>> How long will it take to get divorced?
Time frames for divorce proceedings vary, and any cookie cutter estimates will be unreliable. A divorce could be finalized in under a month, or it could drag on well past a year. The amount of time a divorce takes will depend upon the facts of the case and the willingness of both parties to communicate and to compromise. An experienced divorce attorney will be able to give you a more precise and reasonable estimate after examining your circumstances at an initial consultation.
>> What will my divorce cost me?
Time and cost are usually the first questions on anybody’s mind. In most divorce cases the two are related in direct proportion. It surprises some to know that the cost of a divorce isn’t necessarily tied to the value of the assets involved. A potentially complicated divorce involving many valueable assets, property, and children could be resolved inexpensively if the parties come to an agreement before filing, or early in the process. Because most attorneys bill by the hour, the longer two spouses drag on negotiations, the more expensive the divorce becomes for both parties.
The cost of an uncontested divorce in New Jersey will typically start around $1,500.00, plus the filing fee. If the divorce is contested and there are assets and issues such as custody and child support, the initial retainer could range from $3,500.00 to $5,000.00, or more depending on the circumstances. A long and fiercely contested divorce could cost as much as $15-20,000.
>> How do I respond to divorce papers?
In New Jersey, if you’ve been served with a summons of complaint for divorce, you should consult a family law attorney immediately. You only have 35 days to respond to the complaint – that means filing an answer and a counter claim. You cannot delay to protect your rights, including control over your assets and custody of your children. If your spouse has filed a complaint, that means he or she has already consulted with an attorney about the particulars of your shared lifestyle and finances, considered strategy and drafted a set of demands. You shouldn’t wait to get an experienced attorney on your side, too. Seek that counsel, and let your attorney handle the official response.
>> Will I need to take my case to a trial?
Most divorce cases in New Jersey never make it to a trial. If the parties come to an agreement, one party can waive his or her right to an appearance, avoiding the need to go to court. Some New Jersey counties allow settlement without either party appearing in court. If there is a “default” case, when one party doesn’t answer the other party’s complaint, the filing party would have to make a very brief appearance in court to enter facts into the record before the judge comes to a decision.
>> I’m unhappy with the result of my trial. Can I appeal?
In New Jersey, you have 45 days to appeal the verdict of a case. If you appeal, the Appellate Court will take on your case. The Appellate Court may “vacate,” or make legally void, the judge’s decision in your case. If you do not file an appeal within the 45 day window, the Martial Separation Agreement (MSA) spelling out the terms of your divorce will be final and cannot be overturned. You can revise an MSA and negotiate new terms, but that requires the cooperation of your former spouse.
Contact Our Jersey City Office
Are you a parent who wishes to relocate with your child? Do you have a child removal dispute? Are you facing a difficult child custody and visitation dispute?
Contact Jersey City parental relocation attorney to schedule a free consultation, or call us at (201) 222-7765.