What happens if your ex wants to move your child to another state and you do not consent? Or what if you remarry someone whose career cannot realistically be relocated to New Jersey, but your ex refuses to let the children move with you? Do the children go? Or do they remain in New Jersey?
These are difficult questions. The answer depends on what a New Jersey Family Court judge determines is in the children’s best interests.
You Cannot Simply Move the Children
Under New Jersey law, a parent generally cannot permanently remove a child from the state without:
- The other parent’s consent, or
- An order from the Superior Court permitting the move
This rule applies even when one parent has primary residential custody.
If the other parent objects, do not move first and ask for permission later. Leaving without the required consent or court approval can result in serious legal consequences, including an order requiring the child’s immediate return.
What If Both Parents Agree?
If both parents agree to the relocation, the agreement should be put in writing.
A complete relocation agreement should address:
- The new parenting-time schedule
- Holidays and school vacations
- Transportation arrangements
- Travel expenses
- Telephone and video contact
- Medical and educational decisions
- Future changes to the schedule
A handshake agreement is not enough when your relationship with your children is at stake. The terms should be detailed and incorporated into a court order.
What If the Other Parent Objects?
If the parents cannot agree, the parent seeking to relocate must apply to the court for permission. The parent opposing the move will then have an opportunity to explain why the relocation should be denied.
If important facts are disputed, the case may require a hearing or trial. Both parents can present testimony, documents, proposed parenting plans, and, when appropriate, expert evidence. The judge then decides whether allowing the child to move would be in the child’s best interests.
New Jersey’s Relocation Law Changed in 2017
For many years, New Jersey made it easier for a parent with primary custody to relocate.
Under the former standard, the relocating parent generally had to show a good-faith reason for the move and that the relocation would not be harmful to the child’s interests. That changed in 2017 when the New Jersey Supreme Court decided Bisbing v. Bisbing.
Today, courts use the more demanding best-interests-of-the-child standard in contested relocation cases. The focus is no longer primarily on whether the move would benefit the relocating parent. The central question is: Would moving out of New Jersey be in this particular child’s best interests?
What Will the Judge Consider?
A judge may examine many facts, including:
- Each parent’s relationship with the child
- Each parent’s involvement in the child’s daily life
- The reasons for requesting or opposing the move
- The child’s educational, medical, and emotional needs
- The proposed home, school, and community
- The child’s relationships with siblings and extended family
- The distance and cost of travel
- Whether meaningful parenting time can continue
- Each parent’s willingness to support the child’s relationship with the other parent
- Any history of domestic violence, instability, or interference with parenting time
- The child’s preference, when the child is old and mature enough
- Any other fact affecting the child’s welfare
No single factor automatically decides the case. A judge must examine the full situation and determine which arrangement will best protect the child’s stability, safety, relationships, and long-term well-being.
If You Want to Relocate
You will need more than a general statement that the move will create a better life.
Prepare specific information about:
- Your reason for relocating
- Employment and income
- Housing
- Schools
- Childcare
- Medical providers
- Family support
- Transportation
- A realistic long-distance parenting plan
You should also be prepared to explain how you will preserve the child’s relationship with the parent remaining in New Jersey. The more complete and child-focused your proposal is, the more seriously it is likely to be considered.
If You Want to Oppose the Move
Simply saying that you do not want your child to leave New Jersey is unlikely to be enough.
You should be prepared to show:
- Your involvement in the child’s everyday life
- The strength of your relationship
- How the move would affect parenting time
- The practical problems with the proposed schedule
- How relocation could disrupt the child’s education, activities, medical care, or family relationships
- Why remaining in New Jersey would better serve the child
An objection should focus on the child, not anger toward the other parent.
The Bottom Line
A parent does not have an automatic right to move a child out of New Jersey. When the parents disagree, a Family Court judge must decide whether the relocation is in the child’s best interests.
If the judge concludes that moving is best for the child, the move may be permitted. If the judge concludes that remaining in New Jersey is best, the request may be denied.
The rule may sound simple. Proving what is actually best for a child can be anything but simple. If relocation may become an issue in your case, get legal advice before making plans, signing a lease, accepting a job, or leaving New Jersey with your child.
Until next time,
Steve