Custodial Parent no Longer Has Presumptive Right to Relocate
New standard in relocation cases: What's good for the custodial parent is not necessarily what's good for child.
September 18, 2017 at 04:44 PM
9 minute read
On Aug. 8, 2017, the New Jersey Supreme Court unanimously held, in an opinion written by Justice Patterson, that in relocation cases neither parent has a right superior to the best interests of the child. In doing so, the court abandoned the presumption that “what is good for the custodial parent is good for the child.” Bisbing v. Bisbing, __ N.J. __ (2017).
When Jaime and Glenn Bisbing divorced, after an eight-year marriage, their property settlement agreement provided for joint legal custody, with Jaime being the custodial parent of their seven-year-old twin daughters. However, following their divorce, Glenn was actively involved in the children's lives. He coached their soccer and ski teams, supervised their church activities and, because Jaime left for her New York job very early in the morning, he helped get the children off to school several times per week. Their property settlement also ”acknowledge(d) that the Children's quality of life and style of life are provided equally by Husband and Wife.”
Two and one half months after the divorce Jamie resigned from her job and, one year thereafter, remarried. Her new husband resided in Utah and operated a business in Idaho.
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