My New Jersey colleague Eric Solotoff just published in our sister blog about a recent Appellate Division case from that state where a relocation case was remanded for lack of a record related to the views of a 10 year old...more
I started reading C.G. v. D.W., an unreported (non-precedential) Appellate Division case released on March 1, 2024, sucked in by the opening sentence about the court’s denial of an intra-state move. As there aren’t that many...more
There are numerous reasons why a parent may desire to move from the state of New Jersey. Most often the move is job-related, but a parent may move for a romantic partner, to be closer to family or friends, for better schools...more
One of the least pleasant tasks to lawyers who do custody work is advising the client that a planned relocation to support a new intimate relationship may not get off the proverbial runway. Yesterday’s decision in Leytrick v....more
Moyer v. Moyer, a non-precedential decision issued by the Superior Court on November 20 discusses the challenging question of whether a parent can relocate without notice in a setting where the relocation is triggered by...more
When a couple chooses to separate or divorce, one party may seek a fresh start by relocating to a new residence, town, or even a new state. If the couple has a child or children, then custody can become complicated,...more
Unlike most other cases, divorce and child custody cases often start somewhat explosively. This seems to apply to the recent filings involving Joe Jonas and Sophie Turner. Cases involving people with enormous wealth get...more
Celebrity news often grabs everyone’s attention, especially when it involves a divorce that is playing out both in the court system and in the public eye. Recently, headlines have followed the divorce of celebrity couple Joe...more
It’s a common scenario: You don’t want a court to determine your family’s affairs, but you do want a structure in place to ensure you (and your children) get a fair outcome....more
In a prior blogpost, I discussed the statutory notice you have to give to another parent when you plan to relocate with a child. If the non-relocating parent objects to the move, then the parents will need to go to court and...more
Every custody order issued in Pennsylvania contains the same final provision...more
Smith v. Confer is a relocation case decided by the Superior Court on May 3. It’s non precedential but it’s a wild one. The parents of the child shared custody from August 2016 until August 2019 when mother decided to...more
The Washington State legislature defines a “Parenting Plan” as “a plan for parenting the child, including allocation of parenting functions, which plan is incorporated in any final decree or decree of modification in an...more
For quite some time now lawyers interviewing clients about a desire to move out of state with their children have had to present some grim news. The weight of authority has long been that if the non relocating parent is in...more
Civil lawsuits can take a long time. After the complaint and other initial pleadings are filed, the next phase of the case will typically turn to what is referred to as “discovery.” Discovery is the mechanism the parties...more
We previously blogged about the Bisbing matter with respect to the precedent-setting decision that modified the standard for a custodial parent seeking to relocate with the minor children outside of the State of New Jersey,...more
I recently participated with a client in an uncontested divorce hearing where the Probate and Family Court Judge presiding over the matter said something I have not heard many judges say at an uncontested divorce hearing. ...more
Since 2011, we have had a statute setting forth both a procedure and a judicial standard for the determination of requests to relocate with a child. We have previously observed that the appellate decisions coming both before...more
The jurisdiction in which divorce proceedings take place can have a significant impact on child and spousal support, custody arrangements and other key aspects of marital dissolution. That is why anyone who is divorcing or...more
It’s not really an important case. And it’s not a precedential case. Yet, I couldn’t resist offering a summary because of the names involved. The legal community has been struggling with the issue of keeping names of parents...more
The Indiana General Assembly recently enacted new legislation and passed changes to existing statutes that will significantly impact family law governing child support and child relocation. Both updates took effect July 1,...more
While having two parents who live not only in the same state, but within a reasonable driving distance from each other is ideal, this may not always be possible. Sometimes a move out of state is necessary due to employment,...more
It is common that divorced parents remarry or become involved in other relationships. It is also common that divorced parents (or parents in the midst of a divorce) may want to leave Arizona – to “relocate” to another state...more
Divorce attorneys are frequently asked whether or not children can be moved to another state and why one of the parents cannot simply move their kids without going to court or consulting the other parent. It’s not as easy...more
In a much anticipated decision issued on August 8, 2017, the Supreme Court of New Jersey in Bisbing v. Bisbing overturned the well-established standard applied by courts in determining whether a primary custodian should be...more