Relocation with a Child After Divorce in New Jersey: What the Law Requires

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After a New Jersey divorce or custody order, a parent who wants to move out of state with a child must obtain either the other parent's written consent or court approval. Relocating without permission can constitute custodial interference — a serious legal matter with significant consequences.

The Legal Standard: Bisbing v. Bisbing

The New Jersey Supreme Court's 2017 decision in Bisbing v. Bisbing established the current standard for relocation cases. The court applies a "best interests of the child" analysis, considering all relevant factors, without giving a presumption in favor of or against relocation. This overruled the prior framework that gave a custodial parent a presumption in favor of relocation.

Factors Courts Consider

New Jersey courts evaluate relocation requests by considering, among other factors:

• The reasons for the proposed move (employment, family support, new relationship)
• The reasons for the other parent's opposition
• The history of the parents' relationship and the child's relationship with each parent
• The child's needs, including educational, developmental, and social needs
• The feasibility of a parenting plan that preserves the non-relocating parent's relationship with the child
• The child's preference, if the child is of sufficient age and maturity
• The quality of life the child would have in the new location

What Happens If You Move Without Permission

Relocating with a child without court approval or the other parent's consent can result in: a court order requiring the immediate return of the child; a finding of contempt; modification of custody in favor of the non-relocating parent; and, in extreme cases, criminal charges for custodial interference.

Practical Advice

If you are considering relocating with your child, consult an attorney before taking any action. The process of obtaining court approval takes time, and moving first and asking for permission later is a strategy that almost always backfires.

This article is for general informational purposes only and does not constitute legal advice.