Life after a separation or divorce can involve many changes for both the parents and children. Sometimes, one parent may eventually consider moving to another state for work, family or other personal reasons.
When children are involved, however, a parent’s decision to relocate can affect the entire family. A move may change school arrangements, daily routines and the amount of time children are able to spend with each parent.
How New Jersey courts evaluate relocation requests
Under New Jersey law, a parent generally cannot permanently move a child out of state without the other parent’s consent or court approval. When parents do not agree to a proposed move, the parent seeking relocation must show “cause” for the move. In Bisbing v. Bisbing, the New Jersey Supreme Court established that courts should determine whether an interstate relocation is in the child’s best interests when the parents share legal custody.
In custody cases, the “best interests of the child” standard focuses on determining an arrangement that supports the child’s overall well-being. The court may consider factors involving the child’s relationship with both parents and how the proposed move would affect that relationship. The reasons for the move, the child’s educational and medical needs and the ability to maintain meaningful parenting time may all be relevant. A parent’s proposed parenting-time schedule can also be important, particularly when distance would make the existing schedule difficult to maintain.
Relocation can thus require changes to an existing custody or parenting-time arrangement. A court may consider whether a proposed schedule is practical and whether transportation, school schedules, holidays and other responsibilities can be managed in a way that best suits the child. Because moving before receiving the required permission can create serious custody issues, parents considering relocation should address the matter before making the move.
If you are considering relocating with your children or are concerned about the other parent moving away, discussing the situation with a qualified family law professional can help you understand your rights, responsibilities and available options before making important decisions.
