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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.
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.
By Matthew A. Feigin
This article is intended to help practitioners by warning of mistakes the author has seen matrimonial attorneys make in applying federal tax law.
By David Bliven
This article addresses some deficiencies in reviewing separation or settlement agreements done in divorce cases, and recommends various clauses that practitioners may implement in their own practices.
Analysis of a case in which the Eighth Circuit reversed the confirmation by the Board of Immigration Appeals of a deportation order because the Immigration Judge’s finding of a fraudulent marriage was not based on proper evidence.
By Laurence J. Cutler and Alyssa M. Clemente
Part One of a Two-Part Article
As of August 2017, the seminal case in New Jersey deciding the issue of the appropriate legal standard for a divorced parent seeking to relocate outside of the state is Bisbing v. Bisbing. This case is an important example that can be used to explore this topic throughout the country.