You be the Judge: Military Assignment Versus Child Custody

YOU BE THE JUDGE

MILITARY ASSIGNMENT VERSUS CHILD CUSTODY

If you have custodial responsibility of a minor child, this may interest you.

The New Jersey Legislature has required that Courts make custody determinations on the basis of "the best interest[s] of the child". N.J.S.A. 9:2-4.

In Faucett v. Vasquez, A-2945-08T1, the Appellate Division recently reviewed a post-judgment application for a change of primary residential custody of the minor son of divorced parents. Since the divorce in 2002, the father had such primary custody, but he received orders for deployment to Iraq as an army reservist.

The boy's mother moved the Court for an Order to transfer primary custody to her and to increase child support. The father resisted, arguing that his present wife should have custody until he returned. He also claimed that the boy's mother hadn't met the threshold burden of showing "changed circumstances" to empower a court to revisit the custody issue.

The motion judge reviewed the motion papers and found there was no evidence the child's interests would be best served by an immediate change of custodial arrangements. The judge also found the mother had not satisfied the burden of showing "changed circumstances."

YOU BE THE JUDGE: What proofs must be given a Court to revisit whether the custody of a minor child should be changed when the parent of primary residence (PPR) is absent on military assignment?

The Appellate Division held that the mother was not entitled to a presumption that a change of custody was warranted solely because the father was deployed on military assignment. However, the Court also determined that when an otherwise fit parent demonstrates that the PPR will be absent for a significant time, a prima facie case of "changed circumstances" has been made out. At that point, a plenary hearing should be conducted to resolve what arrangement will satisfy the "best interest[s] of the child."

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Upper Saddle River, Flemington, Jersey City, Woodbury, Newark, South Orange, Freehold, Clifton and throughout Bergen County, Morris County, Passaic County, Essex County and Hudson County. Please contact us to discuss how we can help you protect your rights in a new lawsuit or provide a Asecond opinion@ about your pending lawsuit. There is no obligation for the initial consultation. Copyright Samuel D. Bornstein, P.A. 2008-2010.