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Revamped parameters in New Jersey re parental relocation

Divorced New Jersey parents contemplating a material relocation with their children following a divorce are going to want solid and timely information regarding state law addressing that subject matter.

And a proven team of family law attorneys that routinely provides diligent and knowledgeable representation to diverse clientele can readily give it to them.

Child custody-related matters are obviously among the most important of all considerations relevant to a divorce, a reality that is underscored by acute judicial attention recently paid to parental relocation by New Jersey parents.

The New Jersey Supreme Court recently waded into that subject area with a unanimous ruling holding that, as noted in one legal publication, “neither parent has a right superior to the best interests of the child.” The tribunal’s decision sent a case back to a lower state court to determine whether in a given case one parent’s projected move to a distant state would be in the best interests of her accompanying children.

The high court’s ruling reflects a new state standard emphasizing children’s interests as opposed to a flat judicial recognition that relocation is acceptable provided that a petitioning parent has a good-faith reason to relocate and that doing so would not be overtly harmful to affected children’s interests.

One former state judge commenting on the recent case says that it is a positive development, given that a judge presiding over a relocation matter “will no longer be burdened with the unrealistic and outdated presumption in favor of the custodial parent.”

Virtually any tangent relevant to child custody can be complex and challenging. Parents with questions or concerns regarding this key family law topic can obtain candid guidance and diligent representation from an experienced divorce attorney.



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