When two people go through a divorce it is very difficult emotionally and logistically, but when children are involved it may become even more difficult for everyone including the child. Summer is a common time for vacations making any travels happening out of the state or country a challenge for visitation and child custody rights. This then becomes even a larger battle after a divorce.
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 when he protested against his 6-year-old son travel with his mother in Holland and the Netherlands for a summer vacation. The Supreme Court Judge Jones stated the father was being “arbitrary and unreasonable” when stating he feared the wife will refuse to return the child to the United States. The mother had decided that she wanted the child to stay for approximately 9 weeks, leaving the child with her parents for two months, thereby depriving the father of any and all summer parenting time. The mother was granted permission to take her 6-year-old son on the summer vacation to the Netherlands for a shorter (and more reasonable length) – up to two weeks.
Summer Child Custody Battles
Child custody battles are common when going through a divorce, especially during the summer months. Courts determine who receives child custody by reviewing factors such as these:
• 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, sometimes the parent with the custody of the children wants to move out of the state. A parent can only move out of state if they are granted permission by the courts. The court looks at the many concerns before approving the move. These concerns include:
• 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 about to face a divorce, seek the experienced New Jersey family law attorneys at Villani & DeLuca P.C.. Vincent C. DeLuca of Villani & DeLuca, P.C., is one of a limited number of attorneys certified by the New Jersey Supreme Court as a Matrimonial Attorney. Contact Villani & DeLuca now for a free, no obligation consultation at 732-709-7757.
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