Bergen County Child Custody Lawyers

Child Custody and Relocation

Skilled and Compassionate Advocates

In New Jersey, parents have the right to spend time with their children and make decisions on their well-being, education, and healthcare. The courts consider the parent’s rights equal to serving the children’s best interests. However, parents often have different views on parental roles and the children’s best interests, leading to one of the most contested issues in divorce.

At TMO Law LLC, we understand the emotional challenges parents face when making decisions on issues affecting children. With over 75 years of combined legal experience, our Bergen County child custody lawyers can provide the guidance and support you need to help establish arrangements that benefit all family members.

What Is Child Custody?

Ideally, spouses will work out child custody issues through collaborative negotiations, but litigation may be necessary. In New Jersey, child custody falls into the general categories of physical and legal custody. Physical custody refers to the parent the children live with primarily. Legal custody refers to the parent’s rights to make major decisions regarding the child’s health, education, religion, and general welfare. Forms of physical and legal custody include:

• Joint legal custody: In joint legal custody, children live with one parent, the primary custodial parent, most of the time, with scheduled visitation with the other parent.
• Sole legal and physical custody: Sole legal and physical custody of a child is less common, and all decisions regarding the children are made by the primary custodial parent with whom the children live.
• Shared legal and physical custody: In this custody arrangement, children have equal time and contact with both parents, who also share decision-making on child-related matters.

How Is Child Custody Determined?

The court will make decisions in the child’s best interests. When determining custody, the court considers several factors, including but not limited to:

• Number and ages of children
• Children’s needs
• Fitness of the parents
• Parent’s employment responsibilities
• Geographical proximity to both parents’ homes
• History of domestic violence or abuse
• Any other relevant factors

Can I Relocate With My Children?

Circumstances change constantly, especially when divorced spouses move forward in their new lives. For many, relocation is necessary for their career or a new relationship. When children are involved, there are limits on what actions a parent can take without the other parent’s approval or the New Jersey courts.

Relocation that does not impact the other parent’s custodial rights is generally permitted. However, if relocation makes visitation or shared custody unreasonably difficult for the other parent – or the other parent will not agree – then the courts must decide.

New Jersey law, based on a state Supreme Court ruling in 2017, has made it more difficult for parents to relocate. Those requesting significant relocation must demonstrate that the move significantly benefits the child.

Minds can change, and even if your former spouse agrees to your relocation, it is best to consult an experienced Bergen County child custody lawyer.

Bergen County Child Custody Lawyers at TMO Law LLC Help Parents Establish Optimal Custody Arrangements

If you have questions or concerns regarding child custody or relocation, our Bergen County child custody lawyers at TMO Law LLC can help. Call 201-971-4866 or contact us online to schedule a consultation. Located in Paramus, New Jersey, we serve clients in Bergen County, Passaic, Morris, Essex, Hudson, and northern New Jersey.