New Jersey Family Lawyer

Can I move with my child(ren)?

Many factors come into play when making determinations as to moving out of state with a child. The rights of the child and the non-moving parents are of paramount importance to judges. Over the years there has been a trend in New Jersey case law which, from a practical perspective, now makes it easier for a custodial parent to relocate out of state, however, there exist certain procedures which must be followed and extensive proofs to be presented.

A custodial parent, that is, the parent having primary residential custody of the child must have the express permission of the other parent prior to relocating out of state, in fact some judges have required such consent even when relocating within the state depending upon the distances involved.

Factors which come into play in inter-state and intra-state removal cases include: the motive of the parent seeking to relocate, the age and grade level of the child, the relationship between the child and the non-moving parent, other familial relationships and contacts, activities the child is involved in, the school systems involved and even health considerations, particularly that of the child. This list is by no means exhaustive. Each case is unique.

Under no circumstances should a parent relocate without first consulting legal counsel. Janet L. Porro, Esq. has extensive experience in litigation and mediation of matters involving child custody issues, including inter-state and intra-state removal and relocation cases.

In years past, juvenile law in its simplest form involved representation of those under the age of 18 before juvenile and municipal courts. Ever increasingly, however, parents, who have exhausted all their emotional (and at times financial) resources, are faced with a child who is rebellious and out of control. Parents are seeking help from a legal system that does not offer many viable alternatives for the youth and the family, particularly where one is not versed in this area of the law.

Relative to the juvenile… certain legal rights exist to protect the minor in connection with charges rendered. Negotiations with the prosecutor can lead to a result which not only satisfies the court, but more importantly, provides a mechanism by which the juvenile can obtain the help that is needed, depending upon his or her situation and issues.

The law firm of Janet L. Porro, Esq. has a strong background in defending juveniles as well as representing parents in matters involving juveniles who have become a risk to themselves and/or to those in their home. Contact them today!

Mediation is a process by which individuals, with the assistance of an experienced mediator, attempt to arrive at a resolution of disputed issues without costly litigation. Such can also reduce the stress which is inherent in any court proceeding and allows the parties to arrive at an agreement which works for them and their unique circumstance.

Janet L. Porro, Esq. has had intense training in mediation and has been mediating disputes in the area of Family Law, as well as disputes involving Nonprofit Organizations, for close to two decades. Ms. Porro will assist the parties in arriving at a resolution which is equitable to all involved, at a cost which is generally considerably less than the monies expended to fund a litigation.