Q: do i have to answer a Texas request when i live in NJ with the kids since the mother never moved here?

A: You live in NJ and the children's home state is NJ if you have lived here one year or more. Based on the facts you stated and this new development, your children will be staying in NJ. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent could relocate to another state with a child so long as the move was made in good faith and was not “inimical [harmful] to the child’s best interests.” In today’s Bisbing v. Bisbing ruling, it was established that trial judges should now simply determine whether a relocation would be in the “best interests” of the children involved. The standard adopted in Baures did not represent a lasting trend in the law.” In fact, the court found that there was no real progression in the law in New Jersey, no statute written after Baures that definitely recognized a custodial parent’s presumptive right to leave New Jersey with the children. the New Jersey Supreme Court ultimately ruled that courts in New Jersey must use the best-interests standard that is used in custody cases here in New Jersey when deciding relocation cases. And, just like in traditional custody cases, a parent must show the court changed circumstances to modify or amend a custody order or agreement that includes a provision about relocation. The factors, including the history of custody, the health of the parents and the current living situation of each parent, that the courts must look to when determining if the move is in the best interests of the child have long since been contained in New Jersey law at N.J.S.A. 9:2-2. Now, rather than those factors being used to determine only custody or parenting time, they will also be used to assess if a move out of New Jersey is in the best interests of the child who would be relocated out of the state and away from their other parent. It seems that this decision will now give more control to parents who are not primary custodial parents of their children when the other parent wishes to move because there is no longer a presumption in favor of the custodial parent. And, the assumption that the move will be beneficial to the children simply because it is beneficial to the parent has been abandoned.

A: Thank you for your question.

First, it is important that you register the divorce in NJ. This can be done by contacting the County Courthouse and getting the appropriate paperwork. If the children have been residing in NJ for at least six months anything relating to custody of the children will be addressed in NJ. If the other party still resides in Texas and child support was determined in Texas, that aspect of the divorce will need to be handled in Texas. Based on your unique circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.

I hope this information was helpful to you.