NJ Supreme Court Reverses Decades-Old Divorce Law

Ethics

The New Jersey Supreme Court has reversed a decades-old law in a landmark decision that makes the child the focus of divorce relocation proceedings.

The law centers on divorced parents who want to leave New Jersey with the child against the other parent's wishes.

NJ.com reports the previous law focused on whether the move would "cause harm" to the child. After Tuesday's ruling, divorced parents now must prove the move is in the child's best interest.

The decision centers on a 2015 case where a father tried to keep his daughters from moving to Utah with his ex-wife. The attorney for the father says the ruling will make a large impact in future proceedings.

The attorney for the children's mother has not responded to requests for comment.

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Nicholas C. Minshew - Minshew & Ahluwalia LLP

Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.

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