Search Results for: relocation

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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 children of parents divorced, separated […]

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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 the right to know one’s […]

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Historically, New Jersey case law did not favor allowing a custodial parent to relocate another state with a child. However, the major advancements in technology which allow people to remain in constant contact with each other and the ease with which one can travel interstate has shifted the tide. Under the right circumstances, it is […]

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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 case law when a custodial […]

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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 at the time of the […]

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In a perfect world, the issue of relocation or removal would never come up in the context of either divorce litigation or a post-judgment application because parents would be able to live in relative close proximity to one another and cooperate for the best interests of their children. 

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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 New Jersey family court just […]

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A frequent post-divorce concern or criticism often heard from the parent who has primary residential custody of child is that their former partner does not exercise their parenting time and that the failure of their partner to keep to the schedule has negative monetary and lifestyle implications. I have always viewed a failure to exercise parenting time […]

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For attorneys and litigants alike, the legal fees attendant to the handling of a divorce matter are an important consideration. When it comes to legal fees, time is money. Because our Rules of Court prohibit the handling of divorce cases on a contingent fee basis, legal services are billed based upon the actual time spent […]

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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 Anthony. The Anthony’s have been married since 2010 and have a 10 year-old son. Their potential divorce raises questions about what would happen with their […]