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O'Connor v. O'Connor
New Jersey Superior Court, Appellate Division
349 N.J. Super. 381, 793 A.2d 810 (2002)
Facts
New Jersey residents Kathleen O’Connor (plaintiff) and William O’Connor (defendant) divorced and agreed to share custody of their child, Ryan. Kathleen later applied through the court to relocate to Indiana with Ryan. Evidence established that Ryan’s time spent with his respective parents reflected an approximately equal split between the two, as did the parents’ division of child-care responsibilities. Other testimony showed that Ryan had strong attachments to New Jersey, including close relationships with his grandparents and cousins there, and that he did not wish to relocate. The trial court denied the application, finding that Kathleen and William shared both legal and physical custody of Ryan and that a change in Ryan’s state of residence would not be in his best interests. Kathleen appealed. The Appellate Division of the New Jersey Superior Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Fall, J.)
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