In New Jersey, divorced parents have both physical and legal custody arrangements. Physical custody determines which parent the child lives with the majority of the time. Legal custody refers to the right to make decisions about the child’s upbringing, including matters of health care, education, and religious affiliation. If one parent has sole legal custody, it means that parent makes all the decisions pertaining to those matters. In the case of two fit parents, New Jersey family courts tend to favor arrangements where both parents share joint legal custody, meaning that both have equal input on these issues. It’s in the latter case where problems can arise when parents don’t see eye-to-eye.

Local public school districts in the state are in the process of deciding whether students will return to in-person classes this fall, attend class remotely via computer, or a hybrid of both. The issue has sparked controversy and debate across the state and country, with many families feeling strongly that their children should be in the classroom, and others feeling just as strongly that it’s unsafe to send their kids back to school while the disease is continuing to spread.

The Statewide Situation Is Still in Flux

The state government had reportedly planned to have all 600 of its school districts return to some form of in-person learning in the fall, with no all-remote options; however, schools that can’t meet all of the state’s safety guidelines for reopening in time for the start will be allowed to go all-remote.

Several districts in northern New Jersey including Passaic, Elizabeth, Jersey City and Bayonne have announced they will begin the year with an all-remote schedule. It is believed that most school districts will offer a combination of in-person and remote teaching, but parents who choose to will still be able to keep their children home full time.

Then there are the issues faced by parents who must work and can’t be home with their kids all day. Adequate technology to support at-home school attendance is another challenge for many.

Before a divorce is finalized, parents are required to work out a parenting plan that determines how much time the child will spend with each parent. In New Jersey, children may attend school in districts where they live at least 50 percent of the time. If parents split physical custody 50-50 and live in different school districts, then the child may attend school in either one.

A Respected Bergen County Family Lawyer Can Help

Normally the sole consideration when deciding on a school is the child’s educational needs. But when it comes to Covid-19, there are health implications for not only your child or children, but for you as well. If you and your former spouse clash over whether your child should attend school virtually or in-person, a reputable family law attorney may be able to help you come to a mutually acceptable agreement without the need to get a court involved.

If an agreement can’t be reached, one or the other parent can request a hearing before a family court judge. Many New Jersey court hearings are being conducted virtually now.

The child custody and parenting attorneys at Aretsky Law Group P.C. have abundant experience helping divorced and divorcing parents negotiate parenting plans and work out their differences. Call us today for a free, no-obligation consultation.

Baures: The Standard in Parental Relocation

From 2001 until August 2017, the Court used what has become known as the Baures standard to determine whether or not to allow a custodial parent to relocate with the child from New Jersey to another state.

The Baures analysis comprised twelve factors that judges should consider when a custodial parent wanted to move out of the state with the child without the consent of the child’s other parent. Those factors were fairly easy to meet. As long as the request to move was made in good faith and the custodial parent could show that the move would not be “inimical to the child’s best interests,” then the request would likely be granted.

A New Standard in Parental Relocation

In August 2017 the New Jersey Supreme Court unanimously reversed the 16-year precedent of using Baures to determine whether or not to permit a custodial parent to relocate with the child to another state without the consent of the other parent. It took this action after reviewing Bisbing v Bisbing.

In considering Bisbing v Bisbing, the Supreme Court abandoned the Baures standard and ruled that the same “best interests of the child” standard must be met in relocation cases that is used for other child custody matters.

Bisbing v Bisbing: Background

Jaime Bisbing and Glenn Bisbing III divorced in 2014 after about nine years of marriage. Jaime had primary custody of their twin daughters, but Glenn also played an active role in the girls’ lives.

Although Jaime and Glenn agreed to a provision in their divorce agreement that neither would relocate with the girls if either of them objected, shortly after their divorce became final, Jaime announced that she was engaged to a man living in Utah and that she would be moving with the twins to that state.

A trial judge ruled in Jaime’s favor, citing Baures. Jaime proceeded to relocate with the children to Utah.

Glenn appealed and the New Jersey Appellate Division vacated the trial judge’s ruling. One reason cited for this action was that there was evidence that Jaime had known of her pending engagement before the divorce was final. The Court reasoned, therefore, that she had not signed the document, in which she agreed not to relocate, in good faith.

Although the issues in this case remain unresolved at this time, the Court used this case as an opportunity to review the use of the Baures standard when determining child relocation matters.

New Standard: Best Interests of the Child

The New Jersey Supreme Court abandoned the Baures standard and ruled that the courts must instead use a “best interests of the child” standard.

In her written statement for the Court, Justice Anne Patterson stated that the Baures standard did not represent a trend in New Jersey family law. She explained that since Baures was decided in 2001, no New Jersey statute asserted that the custodial parent has a presumptive right to relocate with a child to another state.

Courts will now have to use the same “best interests of the child” standard that is used for other child custody cases in New Jersey and many other states.

Best Interests of the Child

To determine whether or not an action is in the best interests of the child, a judge considers several basic factors, including the child’s physical and emotional health and safety; each parent’s co-parenting skills; and practical concerns, such as the child’s schooling.

What This Change Means for You

This new ruling by the New Jersey Supreme Court may make it more difficult for a custodial parent to move out of the state with a child without the consent of the child’s other parent. Looking at it another way, the noncustodial parent will be given more of a chance to remain an integral part of the child’s life.

The Best Interests of the Child has long been the standard for decisions regarding child custody and parenting. It is now the standard for child relocation issues as well.

If you have questions about how this change might affect you, you should contact a New Jersey divorce and family law attorney with expertise in parental relocation cases.

Disclaimer: This article is not intended to provide legal advice. If you have a question about divorce, child relocation, child custody, parenting plans, or any other family law issues, contact a qualified New Jersey family law attorney for advice.

Do you need help with relocation, child custody, a parenting plan, or any other divorce or family law matter? The experienced New Jersey child relocation attorneys at Aretsky Law Group, P.C., can help. Contact us 24/7 at 1-800-537-4154 for an initial consultation.

If you have been involved in a New Jersey child custody or parenting time case, you’ve probably heard the phrase “best interests of the child.” New Jersey law mandates that the child’s best interests must be of paramount importance in every family law decision, but what does that phrase really mean?

Best Interests of the Child: Who Decides?

Divorced and separated parents in New Jersey are free to craft a child custody and parenting time plan without the involvement of the court. If they agree with each other that their agreement is in the best interests of their child and nothing is done to challenge that fact, then their plan will be followed.

However, if the parents are unwilling or unable to reach an agreement, or if the plan they conceive compromises the best interests of their child, then the court will intervene.

The judge in a New Jersey child custody case has specific factors to consider when deciding which parent would be best suited for legal and residential custody. These factors serve as guidelines to ensure that the final decision meets the “best interests of the child” standard that is required by New Jersey law.

Best Interests of the Child: Factors to Consider

The factors that a New Jersey court must take into consideration fall into four basic categories:

• Child’s Physical Health and Safety;
• Child’s Emotional Well-Being;
• Parents’ Co-Parenting Skills and Willingness; and
• Practical Concerns.

Child’s Physical Health and Safety

New Jersey courts hearing child custody or parenting time cases begin with the assumption that children generally benefit from a good relationship with both parents. For that reason, in most cases the judge will rule in a way that allows each parent ample parenting time to cultivate and maintain that relationship.

However, the child’s physical well-being is of utmost importance. If the court is convinced that a parent’s behavior puts the health or safety of the child in jeopardy, the judge will do whatever is necessary to protect the child. The judge may order supervised parenting time or ban overnight visits; he or she may even suspend that parent’s custody rights.

Child’s Emotional Needs

When deciding how to best meet the child’s emotional needs, the court must consider the following questions:

• Does each home provide a stable environment?
• To what extent did each parent participate in the child’s care before the separation?
• To what extent did each parent participate in the child’s care since the separation?
• How can siblings be kept together?
• How does the child interact with each parent?
• If the child is able to make a mature decision, does he or she have a preference?

Co-Parenting Skills

Each parent’s ability and willingness to communicate and co-operate with the other regarding parenting issues will be a factor in the judge’s decision. The court does not take kindly to one parent’s attempt to interfere with the child’s relationship with his or her other parent.

Practical Concerns

There are several practical considerations that must be addressed when crafting a workable child custody plan that is in the best interests of the child:

• the work hours and responsibilities of each parent;
• whether or not the child can remain in the same school;
• the number of children in each home; and
• the ages of the children in each home.

Best Interests of the Child: Court’s Discretion

Because there are specific factors that the judge must consider, it might seem that the decision regarding the granting of legal and residential custody is very objective. However, there is no provision in the law that describes how much emphasis must be placed on each factor. Therefore, the court has a certain amount of discretion when deciding the importance that should be given to each.

Judges vary in the emphasis they place on each factor; however, many place a great deal of importance of the bond between the child and his or her primary caregiver.

On the other hand, a parent with a history of domestic violence will probably not be granted custody.

Disclaimer: This article is not intended to provide legal advice. If you have a question about divorce, child custody, parenting plans, or any other family law issues, contact a qualified New Jersey family law attorney for advice.

Do you need help with a divorce, child custody, parenting time plan, or any other family law matter? The experienced New Jersey divorce and family law attorneys at Aretsky Law Group, P.C., can help. Contact us 24/7 at 1-800-537-4154 for an initial consultation.

Recently, the Appellate Division of the Superior Court of New Jersey addressed such a situation in a divorce case referenced as Bisbing v. Bisbing.

Bisbing v. Bisbing: A New Jersey Case Study

Ex-wife, Jaime Bisbing, informed her ex-husband, Glenn, that she planned to marry a Utah resident and relocate from New Jersey to Utah with their twin daughters. This was despite the fact that she and Glenn had both signed a marital settlement agreement with a non-relocation provision. Glenn did not give his consent, so Jaime asked the Superior Court of New Jersey, Family Part, to grant her request to relocate without a full and complete hearing, known as a “plenary hearing”. The Court granted her request and Jaime and the twins moved to Utah.

Glenn Bisbing appealed the Court’s decision. He cited the fact that Jaime had signed the divorce agreement with a non-relocation provision; that provision stated that neither party would relocate out of New Jersey. Glenn noted that although there was a clause allowing for the possible necessity to move for employment reasons, there was no mention of any exception in order to remarry. Also, he believed that Jaime’s request was not made in good faith because it was made so soon after their divorce had become final.

The judges in the Appellate Division decided that the case warranted a full and complete hearing and sent it back to the Family Part with the instructions that a plenary hearing be held. To date, that court has not yet decided whether Jaime had negotiated the marital separation agreement in good faith and whether or not she should have anticipated the change in circumstances. If the Court finds that she made the request in good faith and that there was a substantial unanticipated change, then the non-relocation provision will be ignored and the Court will use the Baures standard to decide if she can relocate to Utah.

Baures Standard & Analysis

In 2001 the New Jersey Supreme Court listed twelve factors that should be considered when deciding whether or not to grant a request to a custodial parent for relocating with the children out of the state when the other parent does not consent. These factors comprise what is known as the Baures standard. They include the following:

1. the reasons given for the move; 2. the reasons given for the opposition; 3. the past history of dealings between the parties regarding the reasons for supporting and opposing the move; 4. whether the child will receive educational, health and leisure opportunities at least as good as in New Jersey; 5. whether any special needs or talents of the child will be accommodated as well as in New Jersey; 6. whether the new visitation and communication schedule will allow the noncustodial parent and the child to maintain a full and continuous relationship; 7. the likelihood that the custodial parent will continue to foster the child’s relationship with the noncustodial parent; 8. the effect of the move on extended family relationships here and in the new location; 9. the child’s preference if he or she is of age and mature enough; 10. whether the child is entering his or her senior year in high school; 11. whether the noncustodial parent has the ability to relocate; and 12. any other factor bearing on the child’s interest.

Although the Baures standard places the burden of proof on the parent wishing to move, it generally favors that parent because it is necessary only to show that the request is being made in good faith and that the move will not harm the child.

Seek the Advice of an Experienced Family-Law Attorney

Recently a bill was introduced in the New Jersey Senate and Assembly that would have made it harder to obtain a court order to relocate out of the state. Rather than having to prove only that the move would cause no harm to the child, the proposed bill would have required the parent making the request to prove that the move would actually be in the best interests of the child. That bill died in committee and will not become law. However, it is wise to understand that laws do change and that you must be aware of those changes when facing important issues such as this! If you have divorce concerns or want to relocate from New Jersey to another state with your child or if you want to prevent your child’s other parent from making such a move, it is crucial that you seek the advice of a qualified family law attorney with experience in relocation cases and knowledge of legal trends and changes in the law. An attorney can help you negotiate an agreement that satisfies both parties; however, if that is not possible, you will need the assistance of someone who can advise you of your rights and options and who will advocate vigorously on your behalf if necessary.

Thanksgiving is traditionally a time for sharing. School children learn about the autumn feast celebrated by the Pilgrims and their Wampanoag neighbors in 1621. They may learn that beginning in 1817, individual states—starting with New York—began to adopt official annual Thanksgiving observances and that in 1863, in the middle of the American Civil War, President Lincoln proclaimed that Thanksgiving would be a national holiday. President Lincoln hoped it would be a day that all Americans would ask God to “heal the wounds of the nation.”

Today an important element of our Thanksgiving celebrations is the cooking and sharing of traditional meals with family and friends as well as showing generosity to those less fortunate. Yes, sharing is an integral aspect of the holiday, but you never counted on having to share your child!

If you are newly separated or divorced, you may now find yourself in the unwanted position of having to give up some or all of your time with your child on Thanksgiving. For some, this realization can be very disheartening.

Hopefully, your holiday schedule has been worked out in a way that is fair to you and your ex and, even more importantly, a way that suits the needs of your child.

Some Sharing Arrangements on Thanksgiving

Couples share their Thanksgiving holiday time in many ways. These are some typical arrangements:

1. One parent gets the child on Thanksgiving Day and the other gets the child on the day after Thanksgiving. This would alternate each year.
2. One parent has the child for the entire Thanksgiving weekend. Who gets the child would alternate each year. While this means that one of you does not see the child at all, it may be the best plan if you and your ex live far apart.
3. Some choose to split the day. The child can have lunch with one parent and dinner with the other. This can be a yearly routine or it can change from year to year. Being with both parents on the same day only works if the locations are near one another.
4. In some cases, it might work out best if one parent always gets Thanksgiving and the other parent gets another holiday.
5. Although unusual, some families continue to celebrate together. This is only advisable if both parties are committed to having a conflict-free celebration.

If This is Not “Your Thanksgiving”

Here are some ideas to make the best of your situation.

1. Invite your family for dinner the week before or the week after Thanksgiving.
2. Invite family or friends to celebrate together the day after Thanksgiving if that is when your child will be with you. Alternately, begin a new tradition you and your child can share on this day.
3. Arrange with your ex to make your child available for a phone conversation or Skype time some time during Thanksgiving Day.
4. Try to remain thankful for all the good times you will be able to have with your child instead of dwelling on the time that you are apart.

Some Things to Do in New Jersey if You Are Lucky Enough to Be with Your Child on Thanksgiving Weekend

Here are some New Jersey events this Thanksgiving Weekend:

SOMERSET COUNTY

14th Annual Colonial Christmas

Friday, November 25 – Sunday, November 27

10:00 am – 4:00 pm

Jacobus Vanderveer House

995 Route 202/206 South

Bedminster, NJ 07921

The celebration begins with the Tree Lighting on Friday, November 25 at 6 p.m. The Jacobus Vanderveer House and Knox Museum will be holding an open house featuring period furnishings and holiday décor; an exhibition of paintings by noted landscape artist John Phillip Osborne (courtesy of the Stringer Gallery, Bernardsville), boutique shopping; re-enactors; Santa visits and more.

http://www.palmersquare.com/events/christmas-tree-lighting MONMOUTH COUNTY

23rd Holiday Express Concert & Tree Lighting

Red Bank, NJ

Friday, November 25

Meet and greet Santa and Mrs. Claus beforehand at Little Silver Train Station; the train departs Little Silver at 6:44pm.

Katherine Barnett Dancers will entertain folks at the Red Bank Train Station prior to the Santa Express Train arrives in Red Ban. Bagpipers will greet Santa and all can follow in a parade up Monmouth Street to Broad Street for Holiday Express Concert and Town Lighting that will begin at 7:00pm.

http://visit.redbank.com/events.php

Make Cards for Members of the Military

The Monmouth Museum

765 Newman Springs Road

Lincroft, NJ

The Monmouth Museum annually asks for community volunteers of all ages to make cards with kind messages that will be sent to members of the military all over the world to show gratitude for their service via the American Red Cross, Jersey Coast Chapter. Come to the Museum’s Green Arts Studio in the Becker Children’s Wing Tuesday through Sunday, and you will find an array of arts & crafts supplies to create these special cards.

http://events.funnewjersey.com/en/events/58121f433e1e9/holiday-cards-for-heros MERCER COUNTY

Princeton Tree Lighting Ceremony

Friday, November 25, 2016; 4:45pm – 6:00pm

On the Green, Downtown Princeton, NJ

This family event will feature live music and a reading of ‘Twas the Night Before Christmas. The tree will be a 65-foot Norwegian spruce decorated over 32,000 lights.

http://www.palmersquare.com/events/christmas-tree-lighting

Toy World!

Oct 15, 2016 to May 28, 2017

9:00 AM–4:45 PM

The exhibition will showcase more than 100 toys that were made in New Jersey between 1880 and the late 1960s, during New Jersey’s golden era of manufacturing. Among the featured toys are the ubiquitous green army men; the first “talking” doll, created by Thomas Edison; the classic hand-shake gag, the joy buzzer; Colorform playsets and more, all developed and produced right here in New Jersey. The exhibition also includes an interactive play area and a place to remember favorite childhood toys.

Suggested admission $5 adults, children 12 and under free

New Jersey State Museum

205 West State Street

Trenton, NJ

http://www.nj.gov/state/museum/index.html ESSEX COUNTY

Black Holes Planetarium Show

Wednesdays, Thursdays, & Fridays at 2 pm; Saturdays at 2 & 4 pm

Few mysteries in the universe have the power and awe of the black hole. They lurk in the universe like cosmic dragons; unseen voids with the energy of a million suns. Recommended for adults and children ages 10 and up.

Newark Museum

49 Washington Street

Newark, NJ

973.596.6550

http://www.newarkmuseum.org/planetarium

Jolie’s spokespersons have said that she is doing it for the “health of her family.” She has asked that she and her family be afforded privacy.

Pitt stated when asked how he felt about the situation by People magazine, “I am very saddened by this, but what matters most now is the well-being of our kids. I kindly ask the press to give them the space they deserve during this challenging time.”

Speaking of their children, Jolie is seeking physical custody of all six, who range in age from 8 to 15. She has asked the court, however, that Pitt be granted parenting time.

Like in New Jersey, a party can get a divorce in California by claiming to have “irreconcilable differences” with his or her spouse or domestic partner, and this is the ground upon which Jolie filed the petition for the dissolution of the marriage. When filing under this legal ground, there is no need to provide evidence or additional reasons. Neither is “guilty” or “non-guilty” in the eyes of the court.

No-Fault Divorce in New Jersey

Until 2007 there was no ground available to those seeking divorce that did not place blame on the other party. A couple wanting to dissolve a marriage had to live separately for 18 months, or one of the spouses had to claim extreme cruelty. Examples of extreme cruelty would have included desertion or adultery.

Divorce is sad. It is difficult on all parties involved whether they are super stars like Angelina Jolie and Brad Pitt or your neighbors who live down the block. It is especially stressful when issues such as child custody and parenting time are involved.

Making the decision to dissolve a marriage is not an easy one. If you believe that divorce is the best course of action for you, the divorce and family law attorneys at Aretsky Law Group, P.C., will do everything possible to ease the stress. Contact us 24/7 at 800-537-4154 for an initial consultation.

Applying for Grandparent Visitation Rights in New Jersey

In New Jersey grandparents may ask the court to grant them visitation rights if the grandchild’s custodial parent is against it. The marital status of the child’s parents does not matter, but you may not apply for visitation rights if the child has been placed into adoption by anyone other than a stepparent.

The burden of proof is completely on the grandparent, who must prove to the court that denying visitation will cause the grandchild harm.

Factors the Court Must Consider

New Jersey law states that the court must take into consideration 8 specific factors when deciding whether or not to grant visitation rights to a grandparent:

• The relationship between the child and the applicant;

• The relationship between each of the child’s parents or the person with whom a child is residing and the applicant;
• The time which has elapsed since the child last had contact with the applicant;
• The effect that such parenting time will have on the relationship between the child and the child’s parents or the person with whom the child is residing;
• If the parents are divorced or separated, the time-sharing arrangements which exists between the parties with regard to the child;
• The good faith of the applicant in filing the application;
• Any history of physical, emotional or sexual abuse or neglect by the applicant; and
• Any other factor relevant to the best interests of the child.

If you have been denied the right to regularly visit your grandchild and if you believe that the situation will result in harm to that child, you should obtain the guidance of an experienced New Jersey family law attorney. That attorney will be able to analyze your situation and advise you of your rights.

Activities that Grandparents and Grandchildren Can Enjoy Together

If you are lucky enough to be able to spend time with your grandchildren, there are many activities you can enjoy together on Grandparents’ Day. Call the numbers listed for more information.

Here are a few suggestions:

BERGEN COUNTY Bergen County Zoo

September 10–11 Bear Awareness

Activities will take place between 11 AM and 3 PM.

They may include crafts, animal encounters, short programs, and exhibit chats.

Van Saun County Park is located in Paramus, New Jersey. Operated by the Bergen County Parks Department, the park is home to the Bergen County Zoological Park.

Address: 216 Forest Ave, Paramus, NJ 07652

(201) 262-3771

http://www.co.bergen.nj.us/index.aspx?NID=437 ESSEX COUNTY Turtle Back Zoo

Turtle Back Hatchlings Program

September 11, 2016 10:00 am – 11:00 am

Age group: 6 – 24 months old with a caregiver

Time: 10:00 – 11:00 AM

The Education Center at Turtle Back Zoo

560 Northfield Avenue, West Orange, NJ 07052

973-731-5800

Description: Learn how to meet and greet some of our small, friendly animals up close in the classroom and learn how to touch animals gently. Your child will also enjoy sensory interactions with feathers, turtle shells, puppets, and more. All children must be accompanied by an adult who is prepared to take part in the activities. For everyone’s safety and enjoyment, unregistered children (including siblings) may not attend.

Registration: $20 per child per class. Admittance of one caregiver included per ticket.

Advanced registration and payment are required.

Visit the zoo without taking part in the hatchling program.

Monday – Sunday: 10:00 am – 4:30 pm

http://turtlebackzoo.com/events-calendar/

MONMOUTH COUNTY Monmouth Battlefield State Park

One of the largest battles of the American Revolution took place in the fields and forests that now make up Monmouth Battlefield State Park. The park preserves a splendid rural 18th-century landscape of hilly farmland and hedgerows that encompasses miles of hiking and horseback riding trails, picnic areas, a restored Revolutionary War farmhouse and a visitors center.

Daily 9 a.m. to 4 p.m

16 Business Route 33, Manalapan, NJ 07726

(732) 462-9616

MORRIS COUNTY Weekend Crafting at Imagine That!!! A NJ Children’s Museum

September 10, 2016 – September 11, 2016

10:00am – 05:30pm

imaginethatmuseum.com

4 Vreeland Road, Florham Park, NJ

973-966-8000

Children can make a special picture for their grandparents!

http://imaginethatmuseum.com/weekend-crafting-3/

SOMERSET COUNTY Branchburg Sports Complex

LIL ATHLETES DAY ~ OPEN HOUSE!!

Saturday, September 10th

12:00pm to 2:00pm

Offered is a schedule of events for children ages 18 months to 9 years of age. The day will be centered around field games and activities from some of their most popular classes; Lil Kickers, Sandlot Sluggers/Sluggettes, Quick Start Tennis, Sports Stars and their new Tod Squad program!

This event is free and open to the public

908-203-1600

http://www.branchburgsportscomplex.com/bsc-upcoming-events-laser-tag-sports-summercamp-nj-ny/

When a Divorce Agreement Modification Might Be Needed: A Case Study

Some divorce agreements contain a non-relocation provision. Unless there is a specific exception referring to the reason the custodial parent wants to move out of New Jersey, a change in the agreement might be needed. Of course, if the other parent agrees, then there is no problem. However, if the other parent does not consent to the relocation, a change in the agreement must be negotiated or the party wanting to relocate out of the state must obtain a court order allowing the provision to be ignored. The Appellate Division of the Superior Court of New Jersey recently addressed such a situation.

Taormina Bisbing v. Bisbing

Jaime Bisbing informed her ex-husband Glenn that she planned to marry a Utah resident and relocate from New Jersey to Utah with their twin daughters. This was despite the fact that she and Glenn had both signed a marital separation agreement with a non-relocation provision. Glenn did not give his consent, so Jaime asked the Superior Court of New Jersey, Family Part, to grant her request to relocate without a full and complete hearing, known as a plenary hearing. The Court granted her request and Jaime and the twins moved to Utah.

Glenn Bisbing appealed the Court’s decision. He cited the fact that Jaime had signed an agreement with a non-relocation provision; that provision stated that neither party would relocate out of New Jersey. Glenn noted that although there was a clause allowing for the possible necessity to move for employment reasons, there was no mention of any exception in order to remarry. Also, he believed that Jaime’s request was not made in good faith because it was made so soon after their divorce had become final.

The judges in the Appellate Division decided that the case warranted a full and complete hearing and sent it back to the Family Part with the instructions that a plenary hearing be held. That court will decide whether Jaime had negotiated the marital separation agreement in good faith and whether or not she should have anticipated the change in circumstances. If the Court finds that she made the request in good faith and that there was a substantial unanticipated change, then the non-relocation provision will be ignored and the Court will use the Baures standard to decide if she can relocate to Utah.

Baures Analysis

In 2001 the New Jersey Supreme Court listed twelve factors that should be considered when deciding whether or not to grant a request to relocate out of the state when the other parent does not consent. These factors comprise what is known as the Baures standard. They include the following:

1. the reasons given for the move;
2. the reasons given for the opposition;
3. the past history of dealings between the parties regarding the reasons for supporting and opposing the move;
4. whether the child will receive educational, health and leisure opportunities at least as good as in NJ;
5. whether any special needs or talents of the child will be accommodated as well as in NJ;
6. whether the new visitation and communication schedule will allow the noncustodial parent and the child to maintain a full and continuous relationship;
7. the likelihood that the custodial parent will continue to foster the child’s relationship with the noncustodial parent;
8. the effect of the move on extended family relationships here and in the new location;
9. the child’s preference if he or she is of age and mature enough;
10. whether the child is entering his or her senior year in high school;
11. whether the noncustodial parent has the ability to relocate; and
12. any other factor bearing on the child’s interest.

Although the Baures standard places the burden of proof on the parent wishing to move, it generally favors that parent because it is necessary only to show that the request is being made in good faith and that the move will not harm the child.

Seek the Advice of an Experienced Family-Law Attorney

Recently a bill was introduced in the New Jersey Senate and Assembly that would have made it harder to obtain a court order to relocate out of the state. Rather that having to prove only that the move would cause no harm to the child, the proposed bill would have required the parent making the request to prove that the move would actually be in the best interests of the child. That bill died in committee and will not become law. However, it is wise to understand that laws do change and that you must be aware of those changes when facing important issues such as this!

If you want to relocate to another state with your child or if you want to prevent your child’s other parent from making such a move, it is crucial that you seek the advice of a qualified family-law attorney with experience in relocation cases and knowledge of legal trends and changes in the law. That attorney can help you negotiate an agreement that satisfies both parties; however, if that is not possible, you will need the assistance of someone who can advise you of your rights and options and who will advocate

The first step is deciding where to file. It is imperative to file in a state that will have jurisdiction over your case. The most important factor is residency.

What if you want to serve divorce papers or file a request for modification of a divorce in New Jersey, but your spouse does not live in the state?

Every state has different residency requirements. If you want to file in New Jersey, you must meet one of the following requirements:

• You have lived in New Jersey for the twelve months prior to filing for the divorce or modification.
• You paid income tax in New Jersey for the twelve months prior to filing for the divorce or modification.
• Your principal home is in New Jersey, but you are temporarily living elsewhere because you are serving in the military.
• Your principal home is in New Jersey, but you are temporarily living elsewhere because of your employment.

If you and your spouse meet the residency requirements of two different states and each files separately in a different state, it is likely that the courts will decide to hear the case of the spouse who first provided notification to the other that he or she is filing. Therefore, it is in your best interests to contact a qualified attorney as soon as possible.

Because every state has different laws governing child support, alimony, property distribution, and other issues that are involved in divorce cases, where you file can have a great impact upon your future lifestyle.

Child custody is generally governed by the state in which the child resides. This is due in great part because of two laws that have been adopted by almost every state: the Uniform Child Custody and Enforcement Act and the Parental Kidnapping Prevention Act.

The Uniform Child Custody and Enforcement Act (UCCJEA) and the Parental Kidnapping Prevention Act (PKPA)

In determining jurisdiction, the UCCJEA gives priority to the child’s home state.

• The UCCJEA defines “home state” as “the State in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding.” If the child is less than 6 months of age, then the time period requirement is adjusted.
• The UCCJEA provides that any state that is not the “home state” of the child will defer to the “home state,” if there is one, in taking jurisdiction over a child-custody dispute.
• The UCCJEA provides that once a state has established jurisdiction over a child- custody case, the order of that state is protected from modification in any other state as long as the original state retains jurisdiction over the case.
• The PKPA provides that once a state has exercised jurisdiction, that state will continue to have exclusive jurisdiction until no party to the dispute still resides in that state.

There are emergency provisions, however. If there is evidence of abandonment, abuse, or mistreatment of the child, another state can take jurisdiction under the UCCJEA.

What if you have been served with divorce papers or a request for modification from New Jersey but you do not live in the state?

If you live in another state—or even in another country—and it is inconvenient for you to travel to New Jersey to appear in court, you might feel overwhelmed. How will you be able to handle the various issues that must be addressed? How will you be able to attend the necessary hearings when you live far away?

A qualified New Jersey divorce lawyer can handle all the issues involved in your divorce or modification request. Modern technology makes it possible to communicate effectively without actually being together. Cases vary, but the judge in your case may even allow your New Jersey attorney to act as your representative without your having to appear in Court if it can be shown that a personal appearance would be difficult.

Whether you or your spouse is the one who lives out of state, residing in two different states or countries brings an additional source of anxiety to the situation. The advice and assistance of an experienced New Jersey divorce and family law attorney can guide you step by step and help you get through it with as little stress as possible.

The material provided at this website is intended for general informational purposes only. It should not be regarded as legal advice. Consult an attorney for legal advice concerning your particular situation. You are welcome to call Aretsky Law Group, P.C., 24/7 at 201-580-3411 to set up

Parenting Time

For many years mothers were routinely awarded sole residential custody of their children except in extreme situations, such as violence or abuse. Recently, however, New Jersey courts have begun to consider fathers’ rights to be on a par with mothers’ rights. More and more frequently they have ruled in favor of joint residential custody when requested by the father.

Types of Custody

There are two types of custody: physical custody, called residential custody in New Jersey, and legal custody. Residential custody, like the name implies, refers to where the child lives. Legal custody refers to the authority to make important decisions affecting the child’s life.

Residential Custody

A parent is said to have sole residential custody if the child lives with one parent most of the time and visits the other. The child generally stays overnight with the other parent only about 2 days a week or less not counting holidays and vacations. When the child visits the other parent, it is called parental visitation.

Having shared residential custody does not mean that the child lives an equal amount of time with each parent. As long as the child lives with both parents 105 days of the year or more not counting vacations and holidays, the parents are said to have shared residential custody.

Legal Custody

Residential custody allows the parent who has physical custody at the time to make everyday decisions in the child’s life. Legal custody grants the authority to take part in important decisions, such as where the child will go to school, health and safety matters, religious matters, certain medical matters, and so on. Legal custody is almost always awarded to both parents; only in extreme cases where the other parent is unavailable or unfit is sole legal custody awarded.

Joint Physical and Legal Custody

This arrangement refers to the equal sharing of parenting time and decision-making. This has become more common in recent years.

Importance of Fathers in the Life of a Child

A child’s relationship with his or her father can have life-long effects.

• Boys learn from their fathers and often model their behavior after his. A father actively involved in his son’s life can be a positive role model.

• The way daughters are treated by their fathers is the way they will expect to be treated by other males.

• Children look for approval from their fathers, and fathers can do a lot to instill a sense of self-worth in their sons and daughters.

No matter what parenting time arrangement is in place, fathers should take advantage of every opportunity to spend quality time with their children. By taking a sincere interest in what they have to say and in how they feel, a father can show his sons and daughters how important they are to him and how much he enjoys being with them, not just on Father’s Day, but every day.

Things to Do on Father’s Day Weekend

Here are some events that fathers and their children might enjoy in North, Central, and South Jersey:

Third Annual FACE Father’s Day Family Fun Day, Matawan, NJ (Monmouth County)

(FACE is an acronym for Fathers’ and Children’s Equality)

Enjoy a variety of activities. The park has hiking and biking trails, and playgrounds. Take advantage of the facilities and enjoy fishing, kayaking, canoeing, the nature center and more.

Sunday, June 19, 2016 (Starting at 11:00 am)

Cheesequake State Park
Matawan, NJ 07747

For more information: http://www.facenj.org/upcoming.html Fair Lawn River Road Fun Day, Fair Lawn, NJ (Bergen County)

Join the fun with lots of fun activities at the Family Fun Day. This free event features entertainment, fun activities for kids, and community displays with information and giveaways.

Saturday, June 18, 2016

11 am to 2 pm

River Road between Berdan to Fair Lawn Avenues

For more information: http://www.fairlawnriverroad.com/promotions/family-fun-day-saturday-june-18th/ Nutley’s Fathers Day Street Fair, Nutley, NJ (Essex County)

This annual fair features food, live music, a petting zoo, face painting, a climbing wall and a special crafters’ corner.

Sunday, June 19, 2016

10 am to 5 pm

For more information: http://www.njfamily.com/NJ-Family/Calendar/index.php/name/Nutleys-Annual-Fathers-Day-Street-Fair/event/22869/ Fathers Day Excursion Trains, Whippany, NJ (Morris County)

Climb aboard the Whippany Railway Museum’s Excursion Trains and take a ride into the past!

Sunday, June 19, 2016

12:00 am to 3:00 pm

Whippany Railway Museum

Order Tickets Online

For more information: http://www.whippanyrailwaymuseum.net/eventstickets/excursion-train MINOR LEAGUE BASEBALL GAMES WITH JUNE 19 GAMES:

Enjoy a fun day at the ball field and watch the stars of tomorrow today!

Somerset Patriots (Somerset County)

1 Patriots Park

Bridgewater, NJ 08807

For more information: http://www.somersetpatriots.com/#nav-schedule Trenton Thunder (Mercer County)

ARM & HAMMER Park

One Thunder Road (aka Cass Street)

Trenton, NJ 08611

For more information: http://www.milb.com/schedule/index.jsp?sid=t567 Lakewood Blue Claws (Ocean County) http://www.milb.com/schedule/index.jsp?sid=t427

First Energy Park

2 Stadium Way

Lakewood, NJ 08701

For more information: http://www.milb.com/schedule/index.jsp?sid=t427 New Jersey Jackals (Passaic County) June 19 is an away game.

Yogi Berra Stadium

8 Yogi Berra Drive

Little Falls, NJ 07424

http://njjackals.pointstreaksites.com/view/njjackals

The Mirriam-Webster Dictionary defines a family as “the basic unit in society traditionally consisting of two parents rearing their children.” Sociologists define it as a group that society recognizes as being connected to one another by blood, marriage, or adoption; its members are tied to one another emotionally and they provide for each other’s well being.

Our ideas regarding the make-up of a typical American family have changed over the last few decades. Not that long ago, the traditional American family was thought to comprise a mother, a father, and their children. Today single-parent families as well as “cohabitation” families, in which the parents do not marry, have become quite common.

The Supreme Court ruling of June 26, 2015, which declared that same-sex couples have the right to legally marry and adopt children, brought about a further change in our perception of what constitutes a family. Since the legalization of same-sex marriages, tri-parenting has become a popular topic.

The following are two interesting New Jersey cases:

Case #1: D.G. v. K.S.

In an order decided in August 2015 and published in February 2016 a New Jersey family-court judge awarded custody of a child to three parents: the biological father and his same-sex spouse and the biological mother. For privacy reasons, the names Dan, Sam, and Kate will be used respectively. The three friends had agreed before the child was conceived that they would use Dan’s sperm and Kate’s egg and that the child would be given Sam’s last name. All three parents would share in raising and caring for the child. They used the term “tri-parenting” to describe their unique arrangement.

Things seemed to go well for about four years, but a problem occurred when Kate informed the other two that she wanted to move to California with the child. Dan and Sam filed a complaint requesting that Kate be prevented from relocating with the child from New Jersey to California and that they—Dan and Sam—be granted custody of the child.

Ocean County Superior Court Judge Stephanie Wauters awarded “joint residential custody” to all three adults. The order stated that the child should spend half of her time in New Jersey with Kate and the other half in New York City with Dan and Sam. Kate would not be permitted to relocate with the child to California. The judge also ruled that the three would share equally in the expenses involved in raising the child.

Judge Wauters said, however, that she could not declare Sam the child’s legal parent because he did not meet any of the three conditions that would make him a legal parent in New Jersey. The three parties then asked that Sam be considered a “psychological parent.” After analyzing the requirements, the judge agreed that Sam did fit the State’s definition. She ruled that he is a psychological parent and that as such he would share custody with the same parenting rights as the child’s two legal parents.

A Legal Parent

According to the New Jersey Parenting Act, these are the requirements to be considered a legal parent:

• genetic contribution
• gestational parent (bears the child)
• adoptive parent

A Psychological Parent

These are the requirements necessary for one to be considered a psychological parent in New Jersey:

• The child’s biological or adoptive parent fostered the parent-like relationship.
• The adult and the child resided in the same household.
• The relationship between the adult and the child has been going on for a long enough period of time for a bonded, dependent, parental-type relationship to have formed.

Case #2: E.Q. v. E.C. and D.L.

This case involves E.C., the child’s biological mother; E.Q., the child’s non-biological mother who adopted her; and D.L., the child’s biological father. For privacy reasons, they will be called Ellen, Emily, and Doug respectively. Although it was at first believed that the child was conceived as a result of artificial insemination, it was later learned that conception was the result of an extra-marital affair. They obtained a court order that named all three of them legal parents.

Even after Ellen and Emily divorced, the three adults agreed that they should all maintain their status as “legal parent” and they requested that a three-parent birth certificate be issued. The attorney general, as counsel for the Bureau of Statistics, refused and instead set forth a motion to vacate, or cancel, portions of the previous order.

The State reasoned that although Doug was the biological father, Emily should be the one named as one of the parents on the birth certificate because she and Ellen were married at the time the child was conceived and she had formally adopted the child. Throughout the United States, the husband of the birth mother is listed on the birth certificate as the child’s father unless a court order says otherwise. This is called “spousal presumptive parentage.” The attorney general reasoned that the same should apply to same-sex marriages.

The attorney general did not agree, however, that Doug should be named a third parent. He ruled that Doug’s name would not be allowed on the child’s birth certificate. This decision is being challenged, and it is still unknown how it will be resolved.

Complicated Cases

When the Supreme Court ruled that same-sex marriages are legal, one of the benefits specified was the right to have both parties’ names put on a child’s birth certificate. Even so, some states are still fighting the right for same-sex couples to have both names listed. And while the Supreme Court made no mention of having three names listed, some states—such as California—have actually passed laws stating that it is legal for a child to have more than two parents.

Custody, relocation, and support are complicated issues even without the added difficulties involved in tri-parenting situations. It will be interesting to see how the challenge to the attorney general’s decision regarding E.Q. v. E.C. and D.L. is resolved and the effects that these cases have on future rulings.

The list of variations can go on as we recognize the changes and diversity of family structures: • Children whose mother has died or is seriously ill. • Children of divorce who may not see their mother for some reason. • Children whose step-mothers also play an important role in their lives. • Children of same-sex couples with fathers and no mothers, or two mothers in their lives. • Children who have been adopted by single parents.

Sharing Ideas & Helpful Tips for the Family

With New Jersey family law as a focus for us at Aretsky Law Group, family, children and the greater good for all is what matters most. For this article’s focus on family and children, we have comprised a collection of information that we hope will be useful, along with a list of New Jersey activity & event ideas that offers any parent or caretaker a way to focus on having fun with the kids this weekend: • What Schools & Youth Groups Can Do to Help Protect the Feelings of these Children • What a Child’s Father Can Do to Make Mother’s Day Less Stressful • Just for the Kids: May 7-8, 2016 Weekend Outing Ideas in New Jersey

What Schools and Youth Groups Can Do to Help Protect the Feelings of These Children

Schools and other youth groups that sponsor activities for youngsters should be cognizant of the fact that holidays such as Mother’s Day or Father’s Day can be difficult for some kids. It is important that these caregivers are aware of each child’s unique situation so that nothing is said or done that can cause the child anxiety or discomfort. These are some of the suggestions put forth by educators:

• Discuss or read stories about blended families. • Discuss or read stories about families of same-sex couples, two mothers or two fathers.

• Elicit from the children a list of other women, besides mothers, who might be honored on Mother’s Day.

• When assigning a project, such as the creation of a Mother’s Day card or present, consider instructing the youngsters that they may instead choose a grandmother, an aunt, a stepmother, or another woman who is important to them as the recipient.

• If the Mother’s Day celebration includes an invitation for mothers to attend an event, try to be sure that no child is left alone. If a child does not have a mother or other relative to be his or her guest, arrange for a surrogate.

• Be sensitive to the feelings of all children when planning assemblies and other events.

What a Child’s Father Can Do to Make Mother’s Day Less Stressful

By preparing and planning ahead, you can help your child get through the day with less difficulty and upset. Parents with children in various family situations have offered the following suggestions:

• Young children should not have to bear the burden of explaining their family make-up to their teachers or other caregivers. Try to make sure that everyone involved understands your child’s unique situation in advance of the holiday.

• Find ways to allow your child to express his or her feelings. You can validate those feelings by explaining that you understand and that you will do your best to help them through it.

• If your child seems upset, elicit from him or her whether or not any bullying has occurred.

• If your child does not have a mother with whom to celebrate, plan something special for the day that can become your family’s tradition.

• If you are divorced and there is no stipulation that your ex-wife has the children on Mother’s Day, try to be flexible and consider offering to allow her to have them for the day even if it is your parental visitation time.

• If you are newly divorced or separated, try not to let any negative feelings you may have about your ex-spouse play a role and consider helping your young child create or buy a card and/or a gift for his or her mother.

Just for the Kids: May 7-8, 2016 Weekend Outing Ideas in New Jersey:

• Morris Museum, Morristown, NJ (Morris County) – Fresh Perspectives – All Ages The 27th annual Fresh Perspectives juried exhibition provides artistically accomplished New Jersey high school students a professionally organized museum exhibition experience and recognizes art teachers for their development of these talented student artists. Tuesday through Saturday, 11:00AM to 5:00PM. Sunday, 12:00PM to 5:00PM. For more info visit: http://www.morrismuseum.org/future-exhibitions-2/

• Echo Lake Park, Mountainside, NJ (Union County) – Kid’s Fishing Derby – Free for Kids 16 & Under Newark Bait & Fly Casting Club’s annual Kids’ Fishing Derby is held each year at Echo Lake Park in Mountainside, N. J. and is free for children 16 years of age and younger. Adults may enter for a nominal charge. For more info visit: http://ucnj.org/

• Various New Jersey Locations – Kids Bowl Free – All Ages Take the kids to bowl for free all summer long (and in some cases, beyond!) at various bowling alleys throughout New Jersey. Registered kids get to bowl two free games a day—and you don’t have to spend a hot red cent. Score! Dates, times and locations vary; check the website and click on the alley you’re interested in for more info. For more info visit: http://www.kidsbowlfree.com/all_centers.php#NJ

• New Jersey State Museum, Trenton, NJ (Mercer County) – Discovery Den – Kids to Age 8 Explore natural history through play! The Discovery Den is a welcoming play space open to everyone but especially designed for children ages 0–8 and their care givers. Investigate fossils, go camping, create a puppet show about New Jersey wildlife or just relax with a good book. Activities change on a regular basis so there is always something new to explore! For more info visit: http://www.statemuseum.nj.gov

• Downtown Cape May (Cape May County) – Cape May’s Spring Festival – All Ages A spring festival where attendees can admire newly bloomed flowers and participate in a host of other activities, including walking and trolley tours, wine and chocolate tastings and gallery visits. Times vary. For more info visit: http://www.capemaymac.org/toursevents/capemaysspringfestival.html

• The Environmental Education Center, Basking Ridge, NJ (Somerset County) – Plants, Animals, and Insects – Perfect Together! – All Ages An exhibit of the works of three individuals that covers the gamut of creatures living in and around the Great Swamp Basin. A swamp vivarium, and an environmentally based library are located within the Center itself. For more info visit: http://www.somersetcountyparks.org

Today’s families are diverse. Women in the workplace, divorce, cohabitation, same-sex marriage—all of these have contributed to the evolution of what was once thought of as a typical family. It is more important than ever to respect that diversity and to ensure that children are made to feel comfortable and accepted in their environments.

Although there are bound to be many changes in the children’s holiday customs, it is possible to create new traditions that will also become an important part of their lives. If you strive to present them in a positive light, it can be easier for the children to accept the new traditions and to adjust to the changes in their lives.

Using your child custody agreement to help outline visitation and parenting time schedules to spell out the details for handling holidays and special events can be a positive means for all involved. Having such things discussed and decided ahead of that holiday can make it easier for all to stick to that agreement. This can not only help eliminate a future source of conflict but also helps the children get established into their new routines.

Divorced couples may handle this parenting time through sharing or division of holidays in various ways. The following provides a summary of some common ways that might help divorcing couples with children when considering the holidays:

1. Alternating Holidays

Implementing an alternating holidays clause in your divorce agreement can work quite well for all parties. Let’s suppose a scenario in which the family celebrates Easter, Christmas and Thanksgiving. One parent might have the children on Easter in “even” years and Christmas in “odd” years. The other parent then would have the children on Christmas in “even” years and on Easter in “odd” years. Thanksgiving could be alternated in a similar way; in this scenario one parent would have the children for 2 holidays in “even” years and the other would having them for 2 holidays in “odd” years. How the couple works it out depends in part upon which holidays are normally celebrated.

2. Differing Religions

When ex-spouses follow different religions things can be awkward for any number of reasons relating to holidays and religious events in marriage or in divorce. It may require couples to take a closer look upon divorce. Many times, if different holidays are celebrated due to religious beliefs, we have seen parents agree that the child spend time with the parent whose holiday is being celebrated.

3. Mother’s Day and Father’s Day

As you would expect, children usually spend Mother’s Day with their mother and Father’s Day with their father. With the changing times of parental duties including same-sex marriage, these holidays may require a closer look and outline in the divorce agreement. All parties who need to feel a part should be included so that the children understand that they are special to both parties no matter what the day is called.

Longer school breaks can be more confusing. No matter what arrangement you choose, you should work it out so that there is not a conflict with the holiday visitation schedule. The following describes some common ways of dealing with these situations:

1. Alternating School Breaks

Just like with the holidays, divorced couples might decide to alternate school breaks. For example, one parent might decide to have the children over Spring break and the other over Winter break. This type of scheduling can allow for a good source of ample time during that break for all.

2. Dividing Breaks Into Parts

If fully alternating a school break isn’t preferred, dividing the break time is another method. In this scenario, the children could be set up to stay with one parent for the first half of their vacation period and with the other parent for the second half. The divorce agreement might state that each parent always keeps that half or they could alternate every year.

3. Summer Vacations

Summer vacation tends to be the longest of break times for children. How this time is divided could be better managed if spelled out in your divorce agreement. Each parent might be assigned specific weeks during the children’s summer break for their vacation weeks. But, this should be discussed and considered carefully in order to best meet the parents’ schedules or needs and, especially, the children’s best interests.

The important part is to think about parenting time and child visitation schedules before your divorce or child custody agreement is final and then to stick to those decisions as much as possible. Try to make your holiday, vacation and other plans around your agreement to avoid conflict and to instill a feeling of stability in your children.

That being said, however, as hard as you try to stick to your agreement, there will be times when the scheduling of important events in your child’s life is beyond your or your ex’s control. What if your ex’s grandmother is celebrating her 100th birthday on the Saturday night of your weekend? Or suppose your sister is getting married during your ex’s usual vacation time. For the children’s sake, you should be flexible. Exchange weekends or vacation times if necessary. Most importantly, always keep your children’s interests and well-being your top priority.

How your child handles these necessary changes in holiday and vacation routines depends greatly on how you handle them. Try to focus on the positive aspects of the holidays. Let the children know that you want them to be happy about the new traditions and memories they are creating.