Q: I live in NJ and my daughter (13 years old) and I want to move to California. Is she old enough to decide for herself?
She doesn't have the best relationship with her father, but still goes to his house every other weekend despite not wanting to go. Can she change her visitation arrangement in a calm manner if she wants to move?
A: No. You must file an application with the court and if your ex is opposed to the relocation, you will then be in a position to prove that the move is in your daughter's best interest - the legal standard for relocation changed several years ago. In the past, it was much easier for the custodial parent to move out of state. Now, the focus is on your daughter and what is best for her.
A: Thank you for your question. In NJ, a parent must obtain consent, from the other parent, or a Court Order to permanently remove a minor child outside of the state. In the event the matter proceeds to Court, a determination will be made as to what is in the child’s best interest. In review of the child’s best interest, the Court may consider the child’s preference, however, this is one of many factors that the Court will need to consider in determining whether the relocation can proceed. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.
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