Divorce is difficult emotionally and logistically for everyone involved. When children are part of the picture, the challenges can become even greater. Summer vacations that involve out-of-state or international travel can create serious conflicts over visitation and child custody rights.

Traveling with Children after a Divorce

“Drawing an Unreasonable Line in the Summer Sand”

In a recent New Jersey divorce conflict, the Supreme Court ruled against a father who protested his 6-year-old son traveling with his mother to Holland and the Netherlands for a summer vacation.

Supreme Court Judge Jones stated the father was being "arbitrary and unreasonable" in claiming he feared the mother would refuse to return the child to the United States.

The mother had planned for the child to stay approximately 9 weeks, leaving him with her parents for two months. This would have deprived the father of all summer parenting time.

Ultimately, the mother was granted permission to take her son on the trip for a shorter and more reasonable length of up to two weeks.

Summer Child Custody Battles

Child custody disputes are common during divorce, especially in the summer months. Courts determine custody arrangements by reviewing several key factors:
• Interaction of the child with its parents and sibling
• Preference of the child (if 12 or older)
• Stability of the home
• Fitness of parents
• Parents' employment responsibilities

Approving a Move Out of State

Once a divorce is complete, a custodial parent may wish to move out of state. This can only happen with court approval. Before granting permission, the court carefully reviews a range of concerns, including:
• The reason(s) for the move
• The reason(s) for the opposition
• The past history of dealings between the parties
• Whether the child or children will receive educational, health and leisure opportunities at least equal to what is available in New Jersey
• Any special needs or talents of the child or children
• Whether a parenting time schedule and communication schedule can be developed that will allow the non-custodial parent to maintain a full and continuous relationship with the child or children
• The likelihood that the custodial parent will continue to foster the relationship between the child or children and the non-custodial parent if the move is permitted
• The effect of the move on extended family relationships in both New Jersey and 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 interest

Work With NJ Child Custody Lawyers

If you live in New Jersey, have minor children, and are facing a divorce, the experienced family law attorneys at Villani & DeLuca P.C. are here to help.

Vincent C. DeLuca is one of a limited number of attorneys certified by the New Jersey Supreme Court as a Matrimonial Attorney.

Contact Villani & DeLuca today for a free, no-obligation consultation at 732-709-7757.