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Morgan v. Morgan

Supreme Court of New Jersey
12 A.3d 192 (N.J. 2011)


Facts

Paul Morgan and Kristin Leary were married and had two children. Morgan and Leary divorced and were given joint custody of the children. Leary was given primary physical custody. Leary got engaged to another man and wished to move from New Jersey to Massachusetts, where her fiancé and her entire family lived. Anticipating this, Morgan filed a motion for modification of custody based on changed circumstances. Leary filed a cross-motion for permission to move to Massachusetts with the children. The trial court denied Morgan’s motion and Leary’s cross-motion. The appellate court reversed and remanded for an order permitting Leary to move. Morgan appealed. After the initial motions were filed, Leary’s engagement ended, Morgan remarried and had a son with his new wife, and one of Morgan and Leary’s children became old enough to express her preference legally on the matter of relocation.

Rule of Law

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Issue

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Holding and Reasoning (Long, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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