In today’s mobile society in which both parents work it has become increasingly likely that the custodial parent may need t relocate outside of New Jersey. Generally, the custodial parent cannot move out of New Jersey without the consent of the other parent or a court order permitting the move. The case of Baures v. Lewis sets forth the criteria the court is to consider when deciding the issue. One of the factors is whether the moving parent can establish a good faith reason for the move. One good faith reason has been a new job. In a recently decided case it was held that actually having the new job is not required; simply identifying that the prospects for better employment exists can be sufficient.
FAMILY LAW
20-4-8952 Benjamin v. Benjamin, Ch. Div., Family Pt. — Ocean Co. (Jones, J.S.C.) (11 pp.) Having another job in place is not a prerequisite for a custodial parent wishing to relocate with a child to another state, but the likelihood of being able to establish a financially stable household is a relevant factor in considering a relocation application. [Decided Oct. 19, 2012.] [Approved for publication.]
