Tuesday, February 5, 2013

I am a Custodial Parent. Can I Relocate Out of State

"Having a job in place is not required for relocation outside New Jersey"


NOT FOR PUBLICATION WITHOUTAPPROVAL OF THE COMMITTEE ON OPINIONS.WINER BENJAMIN,SUPERIOR COURT OF NEW JERSEYOCEAN COUNTYPlaintiff,CHANCERY DIVISIONFAMILY PARTv.DOCKET NO. FM-15-1212-08-NLATIFAH BENJAMIN,CIVIL ACTIONDefendant.OPINION.APPROVED FOR PUBLICATIONFEBRUARY 4, 2013Decided: October 19, 2012COMMITTEE ON OPINIONSWiner Benjamin, plaintiff, pro se.Latifah Benjamin, defendant, pro se.L. R. Jones, J.S.C.

When a custodial parent wishes to relocate with a child to another state, and will be leaving existing employment in New Jersey, must he or she already have another job in place in the new state before the court permits relocation?

The court holds in this case that having a guaranteed job in another state is not a mandatory prerequisite for relocation.  However, the likelihood that the custodial parent can provide the child with a financially stable household in the new state, including obtaining employment as necessary, is a relevant factor in determining whether a proposed relocation is reasonable or inimical to a child’s interests.

Plaintiff and defendant divorced in 2008.  Pursuant to their matrimonial settlement agreement, the parties share joint legal custody of their eleven year old daughter, S.B., with defendant serving as primary residential custodian and plaintiff having parenting time.1  In 2012, defendant filed a post-judgment motion for permission to relocate with S.B. from New Jersey to North Carolina. Plaintiff objected to the proposed removal, and filed across-motion for transfer of residential custody of the child to his care. . . .

1 comment:

  1. Your opinion has chances to live, but as for me, I a little bit disagree with you. And I can explain why. First of all moving is not as hard as u think, its not always stress. I moved from one house to another thousand times, and mostly all this moves were very easily for me and my family. Maybe its because we use this Local long distance movers in South Florida http://topqualitymoving.com/moving-services/long-distance-moving/ that in my humble opinion the best service if compare to similar.

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