Parental Relocation

Parental relocation issues can arise whenever the parent who holds primary residential custody of minor children seeks to move themselves and their children to another part of the country. Also known as 'move-away' cases, these are becoming more and more commonplace in the courts of our increasingly mobile society.

Parental Relocation: Whose Interests Prevail?

At Lomberg & Del Vescovo, LLC, we represent parents in New Jersey who are seeking to relocate and those who wish to challenge such a parental relocation in court. Which parent's interests will prevail in these cases is not paramount to the court. Their focus lies in protecting the best interests of the children.

In New Jersey, as the custodial parent your right to relocation is significant. If the judge approves your proposed parental relocation, visitation terms will then need to be worked out with your former spouse to ensure they have enough parenting time to maintain a meaningful relationship with the children.

If you are the non-custodial parent and feel that the proposed relocation will create too great a hardship for you or damage the relationships you have with your kids—it is important to begin challenging the move as soon as possible. One way to avoid this situation is to insist on a 'radius clause' in your divorce settlement. As attorneys, we always recommend doing this option to clients who have not been granted primary custody.

Interstate child custody laws and long distance visitation issues can be confusing—for answers and experienced, high quality representation, call or contact our firm directly in Hackensack, New Jersey, today and schedule a time when we can meet to discuss your side of these important issues.