NJ Child Relocation Cases
- 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
Has anyone seem the Father (if custodial parent)be allowed to move