What happens if you want to move out of New Jersey with your child, but your ex says no?
Maybe you've been offered a much better job in another state. Maybe you're getting remarried and your new spouse lives somewhere else. Maybe you want to move closer to family who can help you raise your children.
Or maybe you're on the other side of the situation. Your ex wants to move your child hundreds of miles away, and you don't want to lose the relationship and parenting time you currently have.
Who gets to decide? In New Jersey, a parent generally can't simply make that decision alone.
Can a Parent Move a Child Out of New Jersey?
New Jersey has a specific law addressing the removal of children from the state, N.J.S.A. 9:2-2.
When the other parent has rights concerning the child and doesn't consent to a permanent out-of-state relocation, the parent who wants to move generally needs court approval. That means this isn't a situation where you should simply move first and deal with the legal consequences later.
If your proposed move would significantly affect an existing custody or parenting-time arrangement, talk to your lawyer before making plans that assume your child will be permitted to relocate with you.
New Jersey's Relocation Law Changed in 2017
For years, New Jersey used a different standard when deciding whether a parent could relocate with a child. That changed dramatically in 2017 with the New Jersey Supreme Court's decision in Bisbing v. Bisbing. The Court rejected the prior relocation standard and held that relocation disputes should be decided using the best interests of the child standard.
That's now the central question. Not simply whether the move would make Mom's life easier. Not simply whether Dad has a good reason for wanting to stay in New Jersey. And not simply whether the parent requesting the move has a legitimate reason for wanting to leave. The court has to consider the child's best interests.
What Does the Court Consider?
There isn't one fact that automatically determines whether a child can move out of New Jersey. The court can consider the custody factors contained in New Jersey law along with other circumstances relevant to the proposed relocation.
Depending upon the case, that can include the child's relationship with each parent, the parents' ability to communicate and cooperate, the existing parenting arrangement, the child's needs, education, stability, safety, relationships with siblings and extended family, and the effect the move would have on the child's relationship with the parent remaining in New Jersey.
The child's age and, when appropriate, the child's preference may also matter. The court isn't simply asking, “Does the parent have a good reason to move?” It's looking at the situation from the child's perspective.
What if the Other Parent Objects?
An objection doesn't automatically prevent the move. But it does mean the parent seeking to relocate may have to ask the Family Court for permission. Relocation cases can become complicated because the proposed move often affects much more than geography.
Suppose your current parenting arrangement allows both parents to participate regularly in school activities, appointments, sports, weekends, holidays, and ordinary day-to-day life. Now one parent wants to move the child to Florida. The court has to consider what that would mean for the child's relationship with both parents and whether a workable parenting arrangement could realistically be maintained.
If important facts are genuinely disputed, the court may need a plenary hearing where evidence and testimony can be considered before deciding the relocation request.
What if You Have a Good Reason to Move?
Your reason for moving certainly matters, but it isn't the entire case. Maybe you received a significant career opportunity. Maybe your new spouse's career can't realistically be moved to New Jersey. Maybe you'll have better family support, housing, schools, or financial stability somewhere else.
Those circumstances may all be relevant. But the court still has to evaluate the proposed relocation in the context of the child's best interests. Likewise, the parent opposing the move needs to focus on the effect the relocation would have on the child rather than simply saying, “I don't want my ex to leave.”
Don't Move First and Ask Later
If your child's other parent objects to the relocation, don't assume you can simply take the child out of New Jersey permanently and sort everything out afterward. Existing custody orders, parenting-time rights, New Jersey's relocation statute, and potentially other laws can become involved.
A proposed relocation should be addressed before the move occurs. And if you're the parent opposing a proposed move, don't assume that telling your ex “no” ends the discussion either. The court may ultimately have to decide.
Relocation Cases Are About the Child
Parents understandably approach relocation cases from very different perspectives. The parent who wants to move may see a better job, a new marriage, family support, or a fresh start. The parent remaining in New Jersey may see thousands of lost hours with a child.
Both perspectives are completely understandable. But the court's job isn't simply to decide which parent has the better argument about his or her own life. The ultimate question is what arrangement serves the best interests of the child.
If you're considering a New Jersey divorce or dealing with custody and parenting-time questions, my free Divorce Smarter Course explains the issues you should understand before making major decisions.
Until next time,
Steve