Relocation is one of the more complex and emotionally charged issues that parents may be compelled to grapple with as they navigate the state’s shared custody laws. In New Jersey, a parent who wishes to move with their child must carefully assess legal procedures to ensure that any relocation complies with custody agreements and serves their child’s best interests. If their co-parent and/or the court pushes back, a relocation could be delayed or a request to relocate could be denied.
Whether a proposed move is out of state or a significant distance within New Jersey, courts are generally cautious about any change that could disrupt a child’s relationship with their non-relocating parent.
The basics
New Jersey law requires that a parent who has shared custody and wants to relocate must either gain consent from the other parent or obtain court approval in the event that the co-parent does not consent to the move.
The legal standard used to evaluate relocation requests changed significantly in 2017 following the New Jersey Supreme Court’s decision in Bisbing v. Bisbing. Prior to that ruling, a custodial parent only needed to demonstrate that the move was made in good faith and that it wouldn’t harm the child. Now, courts apply the broader “best interests of the child” standard in all relocation cases, even if one parent has primary custody.
Under the best interests test, a court examines various factors, including the child’s relationship with both parents, the stability of the current arrangement, the child’s education and social life and each parent’s ability to support the child’s emotional and developmental needs. The child’s own preferences may also be considered, depending on their age and maturity. The goal is to ensure that any relocation decision promotes the child’s overall well-being, not simply the desires of either parent.
A move that significantly increases travel time or complicates daily logistics can strain parent-child relationships. Courts are mindful of this and will not usually approve a relocation unless it is clearly shown to be in the child’s best interests and/or both parents have consented to the adjustment.
The process typically begins with the relocating parent giving advance notice to the other parent, along with details about the move and a proposed revised parenting schedule. If the non-relocating parent objects, the matter may be brought before the court. At the hearing, both sides can present evidence, and the judge will evaluate the potential impact of the move on the child’s emotional, academic and social life.
Relocation cases are not always straightforward. If you have questions about a relocation concern, seeking experienced legal guidance as proactively as possible is likely to be a wise move.