Moving Out of NJ With Your Child: What’s Allowed and What Isn’t

When a parent wants to relocate a child out of New Jersey and the other parent objects, the law treats it as a serious, high-impact decision.

A permanent out-of-state move will change parenting time, school placement, medical care, and the everyday relationship a child has with each parent.

Because of this, New Jersey courts do not allow one parent to relocate without either the other parent’s agreement or a court order.

This article explains what judges look at, how the process works, and what a parent should know before making or opposing a relocation request.

There Is No Automatic Right To Move

Even if a parent has primary residential custody, they cannot simply decide to move the children out of New Jersey.

A permanent move is not considered a routine decision.

It is a “major” change that affects the child’s relationship with the other parent.

Courts require the parent who wants to relocate to follow the proper process and, if they don't, serious consequences can occur.

If There Is an Agreement

If both parents reach an agreement, the court will usually allow the move once the agreement is signed and the details are clear.

Judges want clarity on parenting time, travel arrangements, and decision making moving forward.

But Rarely Is There An Agreement

If one parent objects, the moving parent must file a "motion" with the court.

Often the motion results in a trial.

After the trial, the judge will decide whether the relocation is in the child’s best interests.

New Jersey used to use a different standard years ago.

The law changed.

Today, judges apply a pure "best interests of the child" test.

The court treats the relocation as if it were making any other custody and parenting time decision.

What Judges Look At

Judges review a series of factors.

The list is not mechanical.

The court weighs everything that matters in the life of that particular child.

The most important considerations usually include:

1. The quality of each parent’s relationship with the child

Judges look at who handles schoolwork, activities, medical appointments, emotional support, and daily routines.

2. The reason for the move

A court will consider why the moving parent wants to relocate.

Common examples are employment opportunities, remarriage, family support, or financial stability.

3. The reason for the objection

The court also looks at whether the objecting parent has legitimate concerns about the child’s loss of contact, educational issues, or safety.

4. The child’s relationship with siblings and extended family

Moving often affects these connections, and judges pay close attention.

5. Educational, medical, and social opportunities in each location

The court compares the schools, community, cost of living, medical access, and overall quality of life.

6. The ability to maintain a meaningful relationship with the non-moving parent

This is critical.

Judges ask whether regular and meaningful contact can still happen without placing an unfair burden on the child.

7. The child’s preference

Depending on age and maturity, the judge may consider the child’s voice.

8. History of cooperation or conflict between the parents

Judges look at whether the moving parent has been honest, communicative, and supportive of the child’s relationship with the other parent.

The Court Process

Step 1: Filing a motion 

The moving parent asks the court for permission to relocate.

Step 2: Response by the other parent

The objecting parent files a certification explaining why they oppose the move.

Step 3: Mediation or conferences

Many cases go through mediation or case management to see if settlement is possible.

Step 4: Best interests investigation

Depending on the case, the judge may order a custody evaluation, psychological assessments, or interviews.

Step 5: Hearing or trial

If there is no agreement, the judge holds a hearing.

Both sides present testimony, evidence, and expert reports.

Step 6: Court decision

The judge issues a written order allowing or denying the move and setting the parenting schedule.

What If a Parent Moves Without Permission?

Leaving New Jersey with a child against the other parent’s wishes and without a court order can lead to serious consequences.

This may include:

• Being ordered to immediately return the child

• Losing parenting time

• Losing decision making authority

• Payment of attorney fees

• In extreme cases, findings of interference with custody, parental "kidnapping", and possible incarceration.

Judges do not respond kindly to “move first, ask later.”

If You Are Thinking About Relocating

A parent planning a move should gather solid reasons supported by clear evidence.

Judges want practical details about the proposed location, job opportunities, housing, schools, and a realistic plan for parenting time.

A thoughtful proposal is taken far more seriously.

If You Are Opposing a Move

An objecting parent should focus on the importance of their relationship with the child, the specific ways the move would disrupt that relationship, and any concerns about the child’s stability.

IN MY EXPERIENCE, A PARENT WHO IS INVOLVED REGULARLY WITH THE CHILD AND HIS ACTIVITIES IS FAR MORE LIKELY TO BE ABLE TO DEFEAT A MOVE BY THE OTHER PARENT.

Courts care about thoughtful, child-centered objections, not anger or accusations.

Final Thought

Relocation cases are among the most emotional matters in family law.

They involve real-life choices about children, parents, and the future.

In New Jersey, no one gets to make this decision alone.

The court’s job is to protect the child’s long-term stability, relationships, and well-being.