NJSBA Family Law Section

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  • 1.  from shared to PPR and removal

    Posted 06-27-2013 08:11 PM
    PC and former spouse are still living together and have joint legal and shared residential custody.  They were divorced in November 2012.  The FJOD (one page) provides that residential custody shall be revisited when oldest graduates high school (June 2014).  Mother wants to move, with 10 year old, to NY - 2 1/2 hours away where she has job waiting and family.  She has parenting plan proposal.

    Does PC have to apply for change of custody from shared to PC becoming PPR?  And only then can she apply for removal?  Parties were unrepresented in the divorce matter.

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    Mary Jane Leland Esq.
    Freehold NJ
    (732)409-7777

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  • 2.  RE:from shared to PPR and removal

    Posted 06-28-2013 08:24 AM
    Read Connor.

     If the parents truly share both legal and physical custody, an application by one parent to relocate and remove the residence of the child to an out-of-state location must be analyzed as an application for a change of custody, where the party seeking the change in the joint custodial relationship must demonstrate that the best interests of the child would be better served by residential custody being primarily vested with the relocating parent.

    If you can establish, despite the fact that the parties continue to live together, that your client is the primary custodial parent, you might be able to come under Bauers. However, you really need to have your proofs in order in your moving papers to get beyond the he said - she said factor. Read Morgan.

    In determining whether the parties truly share joint physical custody, although the division of the child's time with each parent is a critical factor, the time each parent spends with the child must be analyzed in the context of each parent's responsibility for the custodial functions and duties normally reposed in a primary caretaker.

    Hope this helps. Read the cases.





















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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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  • 3.  RE:from shared to PPR and removal

    Posted 06-28-2013 12:50 PM
    As Curtis said, read Morgan and O'Connor:

    scholar.google.com/scholar_case?case=5575157028745297261

    And the cases citing them:

    http://scholar.google.com/scholar_case?about=5575157028745297261&q=o%27connor+relocate&hl=en&as_sdt=4,31

    There was recently a discussion about the Shea case - what your client would not want to do is to reach an agreement where she is PPR and then immediately turn around and file to relocate under the Baures standard.  The court has been pretty clear that this tactic wouldn't fly.
     

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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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  • 4.  RE:from shared to PPR and removal

    Posted 06-28-2013 12:50 PM
    As Curtis said, read Morgan and O'Connor:

    scholar.google.com/scholar_case?case=5575157028745297261

    And the cases citing them:

    http://scholar.google.com/scholar_case?about=5575157028745297261&q=o%27connor+relocate&hl=en&as_sdt=4,31

    There was recently a discussion about the Shea case - what your client would not want to do is to reach an agreement where she is PPR and then immediately turn around and file to relocate under the Baures standard.  The court has been pretty clear that this tactic wouldn't fly.
     

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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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