Legal Question in Family Law in New Jersey

Re: child being moved out of state

This is a very difficult issue. This past April, (2001)the NJ Supreme Court decided the case of Baures v. Lewis which changed the way lawyers and litigants must look at these situations. The Court basically said that a mere change (or even a reduction) in the time that the non-custodial parent will see the child in not an independent basis upon which to deny a request to move the child. They established a 12-prong test to decide the removal issue. More importantly, it places upon the non-custodial parent the obligation to prove that the change would negatively affect the child. This appears to me to be a very difficult burden and each case will be decided upon its own facts. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly will be factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. You should do this immediately so that your rights are not prejudiced. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner