New Jersey Parental Relocation

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Parental Relocation To And From New Jersey Legal Services

If you, as a custodial or non-custodial parent, or an ex-spouse are planning to relocate to or from New Jersey, it can be time-consuming or confusing to understand the laws associated with parental rights. The Law Offices of Joanna D. Brick, Esq., a family law firm located in Fair Lawn, NJ, understand the laws and statutes that the New Jersey courts must adhere to and has experience working with successfully and painlessly relocating non-custodial and custodial parent cases. Disputes regarding parental relocation are normally sensitive to the facts and therefore, it is important that the participants in the case present all the necessary and relevant facts.

The Facts about Parental Relocation To Or From NJ

In the state of New Jersey, it is the law that the custodial parent receives written consent from the non-custodial parent to relocate. He or she can also receive a court order permitting this parent to relocate outside of the NJ jurisdiction. There are a number of reasons that can determine whether a parent receives permission to relocate outside of their current jurisdiction, whether it is NJ or whether they are moving to NJ. All of these reasons must be “good-faith” if they plan to move with their child or children. Some of the approved reasons for relocating include: differences in cost of living between locations, medical issues, proximity to immediate family, obtaining new or higher paid employment, returning to city or state of origin and/or remarriage.

Children Are Affected By Parental Relocation

In addition to providing a valid, good-faith reason for moving, the custodial parent must also prove that the relocation will not harm the children’s best interests. In order to prove this, our family attorneys will make sure to research and lay out exactly how each of the parties involved will be affected by this relocation to or from New Jersey, including the children. Some of the areas that we will investigate as part of the case include provisions for visitation with the other parent, education and schooling opportunities, available employment, housing arrangements, the local community and surrounding areas, additional family, and/or medical circumstances. Understanding and presenting the facts to the court is imperative to your case and we will ensure that the relocation will benefit you and your children. We are also experienced in preventing relocations outside of NJ that our clients believe will harm the children and significantly effect the relationship of the non-relocating parent.

New Jersey Family Law Firm Of Bergen County

The Law Offices of Joanna D. Brick Esq. are highly experienced in parental relocation cases to and from New Jersey, offering quality, personalized, and professional legal services out of its central office in Fair Lawn, New Jersey. We service Northern and Central New Jersey including Bergen, Essex, Morris, Union, Somerset and Middlesex Counties. 

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Joanna Brick Esq.
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Brick Law Firm

We represent and mediate for clients of all asset levels, including high net worth individuals. To learn more about how we can help you, call the Brick Law, LLC, in Bergen County, New Jersey, at 201-254-0881

Frequently Asked Questions

Common questions about new jersey parental relocation in New Jersey, answered by Brick Law, LLC.

Can I move out of New Jersey with my child?

Not without the other parent’s written consent or a court order, where that parent has custodial rights. Removing a child from the state without one can be treated as a serious violation of the custody order and can itself affect the custody determination.

What standard applies to relocation in New Jersey?

The child’s best interests. In Bisbing v. Bisbing the Supreme Court abandoned the earlier Baures framework, which had favoured the parent of primary residence. Relocation is now decided on the statutory best-interests factors, a meaningfully harder standard for the parent seeking to move.

What does the court consider on a relocation application?

The reason for the move and the reason for any objection, the child’s relationship with each parent, the educational and social impact, the practicality of a revised parenting schedule, travel cost and burden, the child’s preference if of sufficient age, and each parent’s good faith.

Does relocation apply to moves within New Jersey?

The removal statute addresses moves out of state, but a substantial in-state move can still be litigated where it materially disrupts the existing parenting schedule. Courts treat that as an application to modify custody or parenting time on changed circumstances.

What if the other parent has little involvement?

It improves the moving parent’s position but does not decide the application. The court examines the actual history of parenting time exercised, the reasons for limited involvement, and whether it resulted from the objecting parent’s own choices or from obstruction by the other parent.

How is parenting time restructured after a move?

Typically with longer but less frequent blocks — extended school holidays, most of the summer, alternating breaks — plus regular video contact and a clear allocation of travel cost and responsibility. A workable long-distance plan should be proposed as part of the application, not afterwards.

Have a question that is not answered here? Contact Brick Law, LLC or call (201) 254-0881 to speak with a Bergen County family law attorney.

This information is general and about New Jersey law. It is not legal advice and does not create an attorney-client relationship. Every case turns on its own facts.

Disclaimer ⚠️

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.