Legal Question in Family Law in New Jersey

Re: Can my son move away

Under New York law, both marriage and child support have little to do with visitation. The courts look at what the best interest is of the child to determine custody and visition.

There is a presumption in the law that a child should be raised by both a mother and a father. And if the father is a regular part of the child's life, the courts are reluctant to break that relationship.

In this particular case the father can apply for court ordered visitation, and address the issue of her leaving to North Carolina. It would then be up to the mother to demonstrate that her interest in advancing her career exceed the child's interest of being raised by a father.

Of course, the court cannot order her to stay in New York. However, the court may grant the father custody.

Re: Can my son move away

Under New York law, she could be stopped from relocating, pending a hearing. Since the mother lives in New Jersey, the law of that state would apply.

NY used to have a "special circumstances" standard for relocation cases. That has now been discarded. The courts have recognized that we live in a mobile society. Therefore, the focus is on whether the proposed move is in the best interets of the child, not the best interests of the parent who desires to relocate.

In effect, there is a whole new custody case.

Hope this helps.

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