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Articles Posted in Relocation

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Ahhhh, the Coronavirus pandemic. As I write this blog post, most people are torn between feelings of fatigue and fear. After more than eight months since this pandemic began, most people are understandably weary over the personal, emotional, financial, and societal upheaval that this has caused. To say that this…

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Can a Noncustodial Parent Object to a Custodial Parent Moving Within the State of New Jersey?

Various blogs have been written by members of our firm about situations where a custodial parents wants to move with the parties’ children to a state other than New Jersey.   Can a custodial parent live wherever he/she wants within the State of New Jersey?  Can a non-custodial parent ask a…

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Which Parent Bears the Burden of Proof in New Jersey as to Relocation AFTER a Parent Has Already Moved From New Jersey With the Parties’ Children?

In enacting New Jersey statute, N.J.S.A. 9:2-2, the Legislature established a mechanism and procedure for a divorced or unmarried parent when seeking to move with one’s children outside the state of New Jersey.  The statute provides: “When the Superior Court has jurisdiction over the custody and maintenance of the minor…

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New Jersey Supreme Court Addresses Standard for Custodial Parent Relocation

Nothing is more precious to us than our children. The Supreme Court of the United States has established the right to know one’s children as a fundamental Constitutional right. In New Jersey the right to know and raise one’s children is firmly entrenched in statutory and case law.  In our mobile society…

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Carmelo and Lala Anthony: Yes, they have a prenuptial agreement, but that does not resolve all of the issues in their divorce

This week the media was abuzz with news of the demise of another celebrity marriage, this time with the separation of professional basketball player, Carmelo Anthony, from his wife Lala Weddings rings and large bills of money Anthony. The Anthony’s have been married since 2010 and have a 10 year-old…

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Psychological Parents and Tri-Parenting Relationships

In a recently published decision, D.G. and S.H. v. K.S., FD-1386-14S, the Honorable Stephanie M. Wauters, J.S.C., issued what could prove to be a groundbreaking decision as the definition of family continues to develop and evolve with the ever changing times.  The original ninety-six page decision decision was abridged to twenty-two…

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New Jersey Legislature Proposes New Statute Regarding Relocation of Children

New Jersey’s removal statute, N.J.S.A. 9:2-4, bars a parent from permanent relocating a child from the State of New Jersey without the other parent’s consent or the permission of the court.   In a previous 2013 blog, my colleague, Daniel Burton, Esq., discussed at length the standard created under our…

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Appellate Division Affirms Decision to Deny Modification of Joint Legal Custody Arrangement Despite Noncustodial Parent’s Relocation Out of Country

On January 12th 2015, the Appellate Division published its opinion in the case of Costa v. Costa.  In Costa, the parties were married in 1994 and divorced in 2006.  They had two children together, one being born in 1997 and the other in 2000.  By way of settlement agreement entered into…

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New Jersey Appellate Division Further Examines the Issue of Inconvenient Forums in Custody Cases

In a recently published opinion, dated February 19, 2014, the Appellate Division analyzed and reversed a trial court’s decision declining to exercise jurisdiction pursuant to New Jersey’s version of the Uniform Child Custody Jurisdiction and Enforcement Act (commonly referred to as UCCJEA).  In this particular case, designated S.B. v. G.M.B.,…

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