NJSBA Family Law Section

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  • 1.  Brief

    Posted 11-12-2014 10:00 AM
    I have a client [father] who lives in NY. Mother and child reside in NJ. He wants the child to live with him and my question is this: For the brief do I need to argue standards for change in residential custody AND relocation? Or will just change in residential custody suffice?

    Thank you in advance for your input and advice.

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    Marissa Hirsch Esq.
    Jersey City, NJ
    (201) 798-8000
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  • 2.  RE:Brief

    Posted 11-12-2014 10:04 AM
    You must argue both. You have to obtain residential custody first, then ask to relocate the child. However, most judges will allow both to be addressed at one plenary hearing.

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    Robert O'Donnell Esq.
    Millville NJ
    (856) 765-0077
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  • 3.  RE: Brief

    Posted 11-12-2014 01:46 PM
    You absolutely need both. Generally done in same hearing.

    Sent from my iPhone