Allan Weinberg - Attorney at Law -
100 Craig Road, Suite 102 Manalapan, NJ 07726
732 80 NJ LAW (732) 806-5529
AllanWEsq@GMail.com
www.AllanWeinbergEsq.com
Twitter: AllanWEsq
FaceBook: Allan Weinberg
LinkedIn: AllanWeinberg
Relocation in New Jersey
- OK, If you are PPR (Parent of Primary Residence??
Divorce If you agreed in your Marital Settlement Agreement to that your spouse was the "PPR" - Parent of Primary Residence -then the PPR may be able to relocate within the State of New Jersey. |
In an Unpublished Decision "Clemas", the court held:
The motion judge, having reviewed the Agreement, found, as a matter of law, that plaintiff was the PPR, and as such, she was permitted to relocate within the state. The motion judge rejected defendant's argument that the language of the Agreement prevented plaintiff from having "enhanced rights" and concluded that language in the Agreement referred to the parties making joint legal custody decisions. The judge determined that the provision did not alter plaintiff's right to relocate.
…
The judge further determined that it was defendant's burden to demonstrate changed circumstances infringing upon the best interests of the children, defendant had not met his burden, and defendant was not entitled to a hearing on the matter because he had identified no reason why the new school district could not accommodate his children's needs, or demonstrate that he would not be able to maintain the same parenting schedule or "a reasonable alternative."
******************************************************
The information contained in this communication is similar to ordinary telephone conversations and does not reflect the level of factual or legal inquiry which would be applied in the event a formal opinion was rendered by this firm. The information may also be confidential and privileged. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. Nothing in this communication is intended to constitute a waiver of any privilege of the confidentiality of this message. If you have received this communication in error, please notify the sender immediately by return e-mail or telephone and delete the original message and any copy of it from your computer system. This firm accepts no responsibility for any loss or damage from the use or receipt of this message and/or any attachments hereto, including any damage caused by virus.
1/31/15