Morgan v. Morgan
Supreme Court of New Jersey
12 A.3d 192 (N.J. 2011)
Divorced parents Paul Morgan (plaintiff) and Kristin Leary shared joint legal custody, with Leary holding primary physical custody; when Leary got engaged and wished to relocate with the children from New Jersey to Massachusetts to be near her fiancé and family, Morgan sought a custody modification, and Leary cross-moved to relocate. The trial court denied both motions, the appellate court reversed and would have permitted Leary's move, and Morgan appealed; by the time of appeal, Leary's engagement had ended, Morgan had remarried and had a child with his new wife, and one of the children was now old enough to legally express a custody preference.
Whether a custodial parent seeking to relocate the child against the wishes of the other parent will be permitted to do so if the custodial parent has a good faith reason to relocate and the child will not suffer harm from the move.