Legal Opinion

Benjamin v. Benjamin

New Jersey Superior Court Appellate Division

Decided October 19, 2012PublishedCited by 2 opinions

1Opinion of the Court

L.R. JONES, J.S.C.

When a custodial parent wishes to relocate with a child to another state, and will be leaving existing employment in New Jersey, must he or she already have another job in place in the new state before the court permits relocation?

The court holds in this case that having a guaranteed job in another state is not a mandatory prerequisite for relocation. However, the likelihood that the custodial parent can provide the child with a financially stable household in the new state, including obtaining employment as necessary, is a relevant factor in determining whether a proposed…

2Cases cited3 opinions

  1. Baures v. LewisSupreme Court of New Jersey · 2001
  2. Shaw v. ShawNew Jersey Superior Court Appellate Division · 1976
  3. Piscitelli v. CLASSIC RESIDENCENew Jersey Superior Court Appellate Division · 2009

3Cited by2 opinions

  1. Cameron v. CameronNew Jersey Superior Court Appellate Division · 2014
  2. Mills v. MillsNew Jersey Superior Court Appellate Division · 2016

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