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Wednesday, June 4, 2014
New Jersey: Superior Court allows parent to relocate child to another state - BY: AMBER M.
Link for opinion: https://a.next.westlaw.com/Document/I7e8f3899719411e28a21ccb9036b2470/View/FullText.html?navigationPath=Search%2Fv3%2Fsearch%2Fresults%2Fnavigation%2Fi0ad604040000014607ef314ee7671903%3FNav%3DCASE%26fragmentIdentifier%3DI7e8f3899719411e28a21ccb9036b2470%26startIndex%3D1%26contextData%3D%2528sc.Search%2529%26transitionType%3DSearchItem&listSource=Search&listPageSource=7fc79b5448ae68ddaf3effbacf1b9530&list=CASE&rank=14&grading=na&sessionScopeId=8ffa4148c77ab88de066204933329fbe&originationContext=Search%20Result&transitionType=SearchItem&contextData=%28sc.Search%29
Title: New Jersey: Superior Court allows parent to relocate child to another state.
The New Jersey Superior Court held in Benjamin v. Benjamin, 430N.J. Super.301 (N.J. Superior Ct. 2012). That a parent does have the right to relocate their child to another state even if they do not have employment set up in that state.
After a divorce both parents were awarded joint legal custody of their child. The mother is the residential custodian and the father having visitation every other weekend and an occasional dinner visit during the week. The mother has now filed a post judgment motion wishing to relocate her child.
The mom Latifah Benjamin has filed a post judgment to relocate her child (S.B.) from New Jersey to North Carolina. The father Winer Benjamin rejected the purposed removal and filed a cross motion for transfer of residential custody of the child to his care.
The father noted that the mother does not have employment in the new location and that could be a financial hardship and not be in the best interest of the child (S.B.). Without employment set up there is no guarantee for his child to have a stable future. The mother argued that she and her child (S.B.) have close relatives in North Carolina. In fact the child (S.B.) with permission of both parents has spent several summers and extended periods of time in North Carolina with close relatives.
The court is permitting the mother to relocate her child (S.B.) to North Carolina. It does not matter if the she has employment arranged in the new permanent location. The mother has proven to support her daughter financially, emotionally, and physically. The court feels that it is in the best interest of the child to grant permission to relocate with her mother.
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