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NJ Child Relocation Cases

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  • augiepal2000
    It seems a growing trend in family court is the increase in child relocation cases. The party deemed the custodial parent (usually the mother) requests the
    Message 1 of 1 , Sep 13, 2005
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      It seems a growing trend in family court is the increase in child
      relocation cases. The party deemed the custodial parent (usually the
      mother) requests the court allow her to move with the children of the
      marriage out of State or hours away thus creating a distance between
      the non-custodial parent and the child.

      Recent NJ case law under Baures V Lewis appears to have given card
      blanch to any parent who presents the court with a good faith reason
      for the move ie. possibility for better job, new relationship etc.

      The court then looks at the best interest argument and sides with the
      happiness of the cusodial parent. The thinking is it is better to
      have a happy parent then have a mildly miserable parents and child.

      I have seen this even where there is joint legal custody and a near
      50/50 physical custody of the child. It appears with this case law
      and how it is administered in NJ., the fight to be custodial VS
      noncustodial parent holds much credence even though the parties agree
      at settlement to co-parent and remain flexable regarding parenting.



      Unfortunately, many litigants use this as a means of alienating the
      non-custodial parent from the child.

      Is anyone familure with how to respond to this current trend across
      NJ?

      Has anyone seem the Father (if custodial parent)be allowed to move
      the child?

      Regards
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