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Relocation dismissed not even a month ago and custodial parent reapplies for relocation

Secaucus, NJ |

Custodial parent applied to relocate with child to a state far off from NJ giving minmal visitation to non custodial parent (mother) Child extremely bonded with mother and maternal family all living 4 mins of each other. Judge dismissed stating it would be inimical to child's best interest. Now less than a month after dismissal he reapplied showing good schools good housing (not purchased) his fiancee having a job in state to relocate, giving a little better parenting plan to NCP but he does not have a job...He filed an OTSC which got converted to a regular motion. NCP is stable fit and fully available to child, full support system, grandparents and full maternal family, child is 8 and regularly states she wants to live with mother. Great school district and friends of child in NJ...

his motion already got declined after getting the pointers from judge he has now reapplied for reconsideration

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Attorney answers 3


Based on your facts it sounds like you should cross motion for custody.

973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


Before I address the question, here are links to 2 articles you should : 4 Key Any Parent Should Know about Custody Cases in New Jersey: ( ) and Bauers v. Lewis ( New Jersey factors for relocation)-

There are 2 types of custody: legal and physical.  Legal custody is which parent makes the important decisions concerning the child such as religious, medical and educational decisions.  Physical custody is where the child resides most of the time.  Both types of custody are generally "joint" but that does not mean equal.  

Custody decision are decided based upon what is in the child's best interest.

When you respond will depend upon whether or not you were divorced from the custodial parent or only share the child in common. The papers you received should explain the timeframe by which you need to respond.

Do not rely on the previous application having been denied because it sounds like the new application has corrected many oversights and errors in the initial application.

Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited facts you presented. My advice is based on New Jersey law and may be different if I find that the facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.


As Mr. Micklin notes there are many factors a judge will look at in deciding whether to approve a motion to relocate. Certainly distance is a factor, being much harder to visit a child in California than Pennsylvania, but these days there are many forms of contact, including Skype and other forms of electronic communications that a judge may rely upon to ensure contact. Of course, it all boils down to the child's best interests, and I think that the father would have to prove that he has the means. Can't just say that employment is better, but must prove he is capable of support. A fiance having a job is no guarantee because the fiance has no legal responsibility to provide for your child. You definitely need to consult with an attorney.

DISCLAIMER: This communication does not create an attorney-client relationship and is not legal advice unless you have entered into a fee agreement with the Law Office of Anthony J. Van Zwaren, P.C. and have paid the required fees. The information contained in this email may be privileged. Dissemination, distribution or copying of this e-mail or the information contained within it by anyone other than the intended recipient is prohibited. If you are not the intended recipient, please delete this message and any attachments from your system and notify us.

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