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Family Law

Bisbing: The Relocation Question Wasn’t Necessarily the Intriguing One

Part Two of a Two-Part Article

According to the authors, using the holding of recent New Jersey Supreme Court case Bisbing v. Bisbing as a model, the clear and current trend throughout the United States that when a custodial parent is seeking to relocate outside of the state with a child, the best interest of the child standard should apply.

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In Part One of this article, the issue of relocation of a custodial parent was explored, in which we focused on the development of the best-interest standard as applied to relocation. Using the holding of recent New Jersey Supreme Court case, Bisbing v. Bisbing, __ N.J. ___ (2017), as a model, we can see the clear and current trend throughout the United States that when a custodial parent is seeking to relocate outside of the state with a child, the best interest of the child standard should apply. In exploring the nationwide trends and current statute and case law in many states, such as New York, Texas and Florida, among others, it was perhaps an unsurprising conclusion that most states would be guided by the standard in making such a decision.

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