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Relocating With Your Child After Divorce

Relocating With Your Child After Divorce

People often find need or reason to move after divorce whether it is for better employment opportunity, a new marriage, better schools or a host of other reasons but when there are minor children involved the court becomes involved in the removal of children from New Jersey. Over time, as our society has become more mobile, the courts have modified the requirements for removal of a child from New Jersey by the custodial parent. Recently, in Benjamin v. Benjamin, the court held the custodial parent no longer has to have a job in the new location but simply “a reasonable plan for providing a stable home” for the child in North Carolina. Although the parties actually shared custody of the child, the mother was designated the parent of primary residence of the child. The court decided that employability rather than employment should be considered because parents cannot always secure a job until they are living in the intended locale when there is already a large pool of candidates seeking employment in most areas. Upon a showing of a good faith intent for the move, a plan to purchase a home for the family and proof of employment opportunities in the area the Judge granted permission for the mother to relocate to North Carolina with the child over the objection of the non-custodial father. If you are seeking or fighting the removal of your child from the state of NJ, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on child support, custody, parenting time/visitation, adoption, dissolution of a civil union, marriage or domestic partnership, modifications, alimony, palimony or other family or juvenile law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

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