Reviewed by Dominic A. Tomaio, ESQ.
Key Takeaways
- To move out of New Jersey with your child, you need the other parent’s consent or a court order; in-state moves generally do not.
- Since Bisbing v. Bisbing (2017), all contested relocations are decided by the child’s best interests, whether custody is primary or shared.
When you get divorced and share custody of your children, moving out of New Jersey with them is not something you can simply do on your own. Relocation has a major impact on a child, from established relationships to school and daily routine, so New Jersey law requires either the other parent’s consent or a court’s permission by showing cause for an out-of-state move before you can move a child out of state. Since the New Jersey Supreme Court’s 2017 landmark Bisbing v Bisbing, “cause” typically means the move reflects the child’s best interest, and this standard applies for both custodial parents and those with joint custody. Typically, moves that occur within New Jersey do not require approval from the court. Our Morris County, NJ relocation attorneys can help you understand what the law requires.
The Current Standard: Bisbing v. Bisbing (2017)
The law governing relocation underwent considerable changes in 2017 following the Bisbing v. Bisbing, 230 N.J. 309 (2017) decision. The New Jersey Supreme Court ultimately overruled an earlier decision made in Baures v. Lewis. Under the Baures ruling, the primary custodial parent had a lower burden if seeking to relocate; generally, only needing to show the move was in good faith and would not harm the child.
The Bisbing ruling moved away from that standard. Now, the question in contested relocation cases is whether the move reflects the best interests of the child. Ultimately, it makes no difference if the parent seeking the move has primary custody or shares custody equally.
How Does the Court Decide What Is in the Child’s Best Interests?
To determine cause in accordance with the Bisbing ruling, the court will examine a number of statutory factors in accordance with N.J.S.A. 9:2-4, and any other factors the court deems relevant. The parent seeking the move bears the burden of proof to show that relocation serves the child, not just the parent.
Factors Weighed by the Court:
- The relationship and bond between the child and each parent
- How the move would impact the child’s relationship with the parent not seeking the move
- The impact the move would have on the child’s relationship with the non-relocating parent and their extended family
- The reason for the move and the reason for the other parent’s objection to the move
- The child’s own preference, if they are old enough or mature enough to express a well-reasoned opinion
- The effect on the child’s education, social life, and stability
- Whether a realistic parenting-time plan can preserve the child’s bond with the non-relocating parent
- The child’s safety, which a January 2026 amendment to the custody statute makes a threshold concern
Common Reasons Parents Seek to Relocate
It’s important to understand that no singular reason will guarantee the court’s approval, and any relocation request may be denied. However, courts often hear cases for relocation based on the following grounds:
- New employment or a job opportunity
- Moving closer to extended family members or
- Getting married or moving in with a new spouse
- Providing better educational opportunities or medical care for the child
- Moving from a dangerous situation or environment
What If the Other Parent Objects?
In many cases, the non-relocating parent will oppose the move, so you should be prepared for that. If the parents cannot agree, the court will hold a hearing and decide based on the child’s best interests. A parent who moves a child out of state without consent or a court order first can face serious legal consequences, so the right step is always to seek court approval before relocating.
Contact our Firm
If you are considering a move with your child, or you are facing a relocation request from your co-parent, our team can help. Contact Townsend, Tomaio, Newmark & Clancy L.L.C today.
