Jersey City Family Law Attorney and one of Jersey City’s busiest divorce lawyers Santo Artusa scored another win for fathers in Hudson County after a two day custody/relocation trial in Hudson County, New Jersey before the Honorable Judge Mirtha Ospina. The case involved parents of two children that resided in Hudson County. One day, the mother, unilaterally decided to move to New York without a court order and/or consent from the children’s father. An order to show cause was brought and the Judge ordered the immediate return of the children and for dad to have temporary legal custody. A hearing was scheduled for approximately 7 weeks later where mom sought to relocate to New York (after the fact). After two days of back and forth testimony, video evidence, pictures, letters, accusations, hearsay, perjured statements, the court concluded that the children should not be moved around at the whim of the custodial parent and that it is in the best interests to leave the children with the father in Hudson County. The court found that the mother’s unclean hands and history of unilateral decisions did not weigh in her favor and that the mother should have obtained a court order prior to the move.
Child relocation and child custody are sensitive topics. Even when a parent may feel they have done all the work and the other parent is not interested in anything they say or do, they still need a court order from the State of New Jersey to relocate unless the other parent agrees in writing to the relocation. If that party does not agree, the party seeking to move has the burden to prove that the move is made in good faith, that the schools and activities in the new area or as good if not better than the current situation, the area is safe, they must offer a parenting schedule/communication schedule with the non-custodial parent and beyond. The court may also consider the opinion of the children if they are an appropriate age. The court should consider how the move will affect the relationship with child’s extended family. Much though needs to go into deciding whether a parent should be able to relocate out of state. As Americans become more transient, State courts wrangle with this issue everyday and the rights of the non-custodial parent who wants to see his or her child frequently and not on skype or the iphone.
If you have a child custody, parenting time, divorce, annulments or relocation cases in Hudson County, New Jersey, contact the team at the Artusa Law Firm today on 201-706-7910. We are able to handle cases that involve multiple assets, complex asset distribution, small to medium size business owners, unique/difficult to appraise or sell assets that are involved in a divorce, we can guide you so that everything you worked for is not lost. For more information about our various practice areas in the Jersey City-Hudson County Area, visit our main page: Artusa Law Firm-Jersey City Attorneys.