Child Custody, Visitation & Relocation

Father Granted Temporary Physical Custody of Child During the Child’s Kindergarten Year

In the case of Stevens vs.Slah, 20-2-3232, App. Div., Appellant Stevens appealed a Family Court Order which continued joint legal custody of the parties’ child but awarded temporary physical custody of the child to defendant father during the child’s kindergarten year. The panel affirmed the prior order, finding that the court properly addressed the factors in N.J.S.A. 9:2-4(c) and, after analyzing each of the factors, found that the only determinative factor was the continuity of the child’s education; that the court made a detailed and well-reasoned decision on the basis of the information in the record; and that plaintiff was not entitled to a remand because she had a reasonable opportunity to present expert testimony but did not seek to do so.

Reference: Case & Analysis, New Jersey Law Journal, 215 N.J.L.J. 861, (March 24, 2014)

Filed Under: Family Law; Temporary Physical Custody During School Year.

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Determining custody of minor children is often a very difficult and stressful situation for parents that are not together, whether it is through divorce or another form of separation.  Each state has its own statutory way of determining custody and visitation, which the Courts then interpret when creating a custody and visitation arrangement.  No matter the state, the general underlying principle in the statutes and Courts is “the best interest of the child.”  Each state has its own way of interpreting this principle, but the general underlying idea is the same.