When you and your former spouse initially underwent a divorce, you may have amicably agreed to a certain custody arrangement for your child without court intervention. But now that you are following it, you may realize that it is, unfortunately, not sustainable and not in your child’s best interest. Or in another scenario, you or your former spouse may wish to relocate, likely causing the plan to be all the more impossible to execute. Now, you may need a family court to settle your custody order on your behalves. With that being said, read on to discover whether there are residency requirements for custody filings in the state of New Jersey and how a seasoned Morristown child custody lawyer at Graves Andrews, LLC can help you navigate this tricky legal matter in the best way possible.
Are there residency requirements for filing for child custody in New Jersey?
In the state of New Jersey, there are no specific residency requirements for filing for child custody the same way there are for divorce. Nonetheless, the Uniform Child Custody Jurisdiction and Enforcement Act governs jurisdictional issues related to child custody matters; and the New Jersey family court may reference these regulations when deciding if they can and should take on your case. Essentially, you may have to prove to the court that New Jersey is your child’s home state, that it is where your child has a significant connection, or that no other state has a claim to jurisdiction.
To claim that New Jersey is your child’s home state, you must prove that your child has lived here with you or their other parent for at least six consecutive months before the custody petition is filed. As for a “significant connection,” you must argue that your child has close personal relationships in New Jersey (i.e., family members and friends), along with having attended school here, receiving healthcare here, and more. Lastly, you may supply evidence that any other potentially relevant states to your child have declined to exercise their jurisdiction over the matter.
Can I seek a child relocation order from a New Jersey family court?
After the New Jersey family court settles your child custody arrangement, you may be looking at new places to live and raise your child. There may be no issue if you are looking at properties within state lines. However, if you intend on moving out of state, you may have to seek permission from your child’s other parent first. And if they oppose your move, you may have to obtain permission from the court. In your argument to the court, you must establish that this move would work in your child’s best interest.
There is no need to remain hesitant when you have a competent Morristown child relocation lawyer on your side and supporting you. So please inquire with us at Graves Andrews, LLC at your earliest possible opportunity.
