Child Custody, Visitation & Relocation

Father is Permitted to Move Out of State With Two Minor Children

In the post-judgment child custody out of state relocation case of Valedofsky v. Valedofsky, App. Div. (20-2-4607), the defendant-mother appealed the order permitting plaintiff-father to relocate from New Jersey to Rhode Island with the parties’ two minor children. The panel affirmed, finding that the motion judge thoroughly analyzed the Baures factors and found that plaintiff made a prima facie case that the move was in good faith and would not be inimical to the children, the judge’s finding that the documentation demonstrates that the promotion was advantageous to plaintiff’s career is supported by the record and entitled to deference, many members of plaintiff’s family reside in Rhode Island and will be able to provide additional support for the children in making the transition, and a new visitation schedule had been structured to give defendant abundant time during holidays and the summer so that she has almost as many overnight visits as in the original schedule. Further, defendant provided no evidence that the move was not in good faith or that it would actually be harmful to the children and more than mere separation or change in parenting time must be shown to establish that relocation is not in the children’s best interest.

Reference: Case & Analysis, New Jersey Law Journal, 219N.J.L.J.211 (October 13, 2014)

Filed Under: Child Custody; Relocation with Minor Children: Family Law

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