Chapter 11
Growing Up Apart: Child–Parent Separation
199
2. For other relevant resources, see: Carmody (2007); Duggan (2007); Ha-
berman (2005); Kindregan (2002); Labrum (2004); Rotman, Tompkins,
Linzer-Schwartz, and Samuels (2000); and Thompson (2004).
3. For a more general review of relevant case law, see Elrod (2006).
4. The New Jersey factors enumerated in
Baures v. Lewis
, [167 N.J. 91 (2001),
the NJ Supreme Court (2001)] are: (1) reasons for the move; (2) reasons
for the opposition; (3) past history of dealings between the parties as bears
on the reasons for and against the move; (4) whether the child will receive
comparable educational, health, and leisure opportunities; (5) any special
needs or talents of the child that require accommodation and whether such
accommodation is available in the new location; (6) whether a visitation and
communication schedule can be developed that will allow the noncustodial
parent to maintain a full and continuous relationship with the child; (7)
the likelihood that the custodial parent will continue to foster the relation-
ship of the child with the noncustodial parent; (8) the effect of the move
on extended family relationships; (9) if the child is of age, and, if so, his
or her preference; (10) whether the child is entering senior year in high
school; (11) whether the noncustodial parent has the ability to relocate;
and (12) any other factor bearing on the child’s interest.
5. Among the factors identified by relevant sources that I have omitted or
modified, I note particularly Austin’s (2000b) reference to a history of child
or spouse maltreatment such that “[r]elocation may be consistent with a
need for fewer transition times for exchange of the child, less communica-
tion, and structured parenting time” (p. 201). I cannot condone this as
relevant to relocation, but more generally support the idea that such history
calls for these changes regardless of geography.
6. Heatherington & Kelly (2002) find that when a custodial parent moves
more than 75 miles away, the likelihood that the noncustodial parent will
drop out of the child’s life rises significantly.
7. But see the discussion earlier regarding de´calage and the choice to nurture
a child’s strengths versus his or her weaknesses in the interest of develop-
mental synchrony.
8. Poehlmann (2005a) makes the excellent point that a parent’s arrest is an
excellent time to intervene proactively with these children in an effort to
break this cycle. This calls for more than simply arranging for the placement
of children whose parents are incarcerated, but screening for physical
health and for socioemotional, cognitive, verbal, and academic develop-
mental difficulties and responding accordingly.
9. Simmons (2000, p.4): “About 60 percent of children live with grandparents
(usually maternal) after their mother’s incarceration, 17 percent live with
other relatives and a quarter live with non-relatives (often in foster care).
In contrast, only half of incarcerated fathers were living with their youngest
child prior to incarceration, and most of their children (nearly 90 percent)
continued to live with their mothers after the incarceration.”
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