Legal Question in Family Law in New Jersey

I would suggest you obtain an attorney. Burlington County is one of the few counties using a Custody Neutral Assessment (CNA). In short, the CNA is available for high conflict cases that are inappropriate for, or are unable to be resolved, through mediation. This program utilizes several mental health practitioners in the community who meet with the parties, discuss contested issues and make clinical recommendations to the court on how to resolve disputed issues. The CNA is then used as part of the Court's analysis to determine whether you can relocate to South Carolina.

The Court must decide whether the location will cause a detriment to the child. In the determination as to whether a relocation will be detrimental to a child, a court must consider the following factors:

- The reasons given for the move

- The reasons given for the opposition

- The past history of dealings between the parties insofar as it bears on the reasons advanced by both parties for supporting and opposing the move

- Whether the child will receive educational, health and leisure opportunities at least equal to what is available here

- Any special needs or talents of the child that require accommodation and whether such accommodation or its equivalent is available in the new location

- Whether a visitation and communications schedule can be developed that will allow the non-custodial parent to maintain a full and continuous relationship with the child

- The likelihood that the custodial parent will continue to foster the child's relationship with the non-custodial parent if the move is allowed

- The effect of the move on extended family relationships, here and in the new location

If the child is of age, his or her preference - Whether the child is entering his or her senior year in high school at which point he or she should generally not be moved until graduation without his or her consent

- Whether the non-custodial parent has the ability to relocate

- Any other factor bearing on the child's best interest

Consideration and analysis of all of the above factors will be made by a court after a hearing at which testimony of the parties and, often, psychological/custody experts (CNA), is given.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer:

You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Please be aware that the above comments are neither protected by attorney-client privilege, nor may be the basis for a malpractice lawsuit should the suggestion be followed with undesirable results