Understanding Relocation and Custody

By Lakisha Dean, Family Law Attorney  

As a family law attorney with over 15 years of experience, I’ve guided countless families through challenging custody and relocation cases. Today, I want to address an issue that deeply impacts families: what happens when a parent wants to move out of New Jersey with their child. Relocating with a child is a significant decision that can have lasting consequences on your life, your child’s well-being, and your relationship with them.  

Whether you're considering a move or want to understand your parental rights, this article is your guide to navigating this complex issue while making informed decisions for your family.  

Understand Your Custody Agreement  

The first step is to know your custody arrangement inside and out. If you’re a co-parent with an existing custody order, it’s essential to understand what it says about relocating.  

Sole Custody: You may have more flexibility to move.  

Joint Custody: Even if you're the primary residential parent, you must have permission from the other parent or the court to move.  

Before packing your bags, communicate your plans to the other parent. While it seems obvious, many parents make the mistake of failing to notify the other party. Make sure you have permission for the child to move with you. Remember, no one can stop you from moving as an adult—but moving your child without consent is another matter entirely.  

Seek Permission in Writing  

When requesting permission to relocate, document your efforts. Whether through email or text, having written proof is critical if your case ends up in court. This ensures your good faith effort to collaborate is clear and protects your credibility.  

Include the following in your communication:  

1. Details of the new location.  

2. Reasons for the move.  

Transparency is key to reducing conflict and fostering cooperation.  

If Consent Isn’t Granted  

If the other parent doesn’t agree to the move, you’ll need to file a motion with the court. Timing is critical here. Relocation cases can take months to resolve, so don’t wait until the last minute.  

The Legal Process:  

1. Mediation: Courts often require parents to attempt mediation first.  

2. Trial (Plenary Hearing): If mediation fails, a trial will be scheduled. This is a full hearing where both sides present evidence and testimony.  

Representation is crucial here. The trial process is complex, and the court holds all parties to the same evidentiary standards as attorneys.  

The Legal Framework: Bisbing v. Bisbing  

In the landmark New Jersey case Bisbing v. Bisbing, the court established factors to evaluate relocation cases. The primary consideration is whether the move is in the best interest of the child.  

Key Factors Courts Consider:  

1. Parental Communication and Cooperation

   - The court values parents who can work together. A history of conflict may weigh against approving a relocation.  

2. The Child’s Needs

   - Educational, emotional, and social needs are evaluated.  

   - Demonstrate that the new environment meets or exceeds the child’s current resources (e.g., schools, therapy, extracurricular activities).  

3. Parental Involvement  

   - Courts examine the quality and extent of each parent's involvement before and after separation.  

   - A strong parent-child bond can influence the court’s decision.  

A Cautionary Tale  

One client thought she had verbal consent from her ex-partner to move to a southern state with their child. However, her ex later contested the relocation, resulting in a legal battle.  

The court ordered 50/50 custody during the proceedings, forcing her to commute between states for visits—a costly and emotionally taxing arrangement. The situation disrupted her family dynamic and underscored the importance of securing consent in writing and consulting legal counsel beforehand.  

 Emotional and Practical Considerations  

Relocation is a major life change, and it’s essential to consider:  

- Emotional Impact: How will the move affect your child’s stability and relationship with the other parent?  

- Practical Challenges: Can you afford potential legal disputes and cross-state travel?  

These decisions don’t just affect you—they ripple through your entire family.  

 Plan Ahead for Success  

If you're considering relocation, preparation is key.  

- Research schools, healthcare providers, and extracurricular activities in your new location.  

- Gather evidence to demonstrate that the move is in your child’s best interest.  

- Consult an experienced family law attorney early to guide you through the process.  

Relocation cases are among the most difficult decisions for judges, as they profoundly impact parent-child relationships. By understanding the legal landscape and prioritizing your child’s well-being, you can navigate this complex journey with confidence.  

If you’re facing a relocation decision, contact me for a consultation. Together, we can work to secure the best outcome for your family’s future.  

When it Comes to Custody, Court is Not Always the Best Solution

Many parents in family law matters are increasingly relying on the courts to resolve their disputes, especially when it comes to custody issues. While a court can be a great tool for resolution in certain cases, there are times when it is not the best solution. This was recently demonstrated by a case I represented in which the court came up with its own custody schedule. All too often, this type of decision-making cannot take into account the best interests of both parents and children. We must remember, the Judge is a third party that does not know all of the unique needs of your family.

As a family law attorney, I understand that having an experienced legal professional as part of your team is important during any kind of dispute climate. However, it's also important to remember that sometimes parents don't need a courtroom setting and formal legal process to achieve their desired outcome or outcome that works better for them and their children. Alternatives to going through trial can include negotiation or mediation between parties before getting to litigation or even seeking counseling or therapy services outside of courtrooms.  These methods are often much more successful because they allow parties to work together in order to come up with solutions tailored specifically for them and their situation without relying on potentially inflexible court orders from a third party who does not have complete knowledge about all aspects of the case. This is why I always stress the importance of communication.

While courtroom proceedings may have some value in certain types of family law disputes, it’s important for parents to recognize that there are sometimes other ways forward more suitable for their particular needs and those of their children. Negotiation and mediation provide greater flexibility than simply relying on court decisions alone and can ensure that all parties receive a fair resolution tailored specifically for them without sacrificing time or resources going through expensive trials.

Reunited and It Feels So Good! Celebrating the Joy of Family this Spring

As the weather gets warmer and days get longer, many families are feeling especially thankful for each other this spring. For those who have gone through a divorce or child custody battle, reuniting with loved ones can be a particularly special experience. With so much behind them, it is easy to appreciate the joy of being reunited as a family!

If you have come out of a divorce or custody battle, this is the perfect time to celebrate your newfound family bond. Whether it’s taking a trip together, making dinner as a group, or simply exchanging heartfelt words with each other, take advantage of the season and create special memories that will last a lifetime.

Regardless of the circumstances that led to your reunion, the most important thing to remember is that family is forever. Cherish this time and recognize the strength it takes to move forward from a challenging situation. There is no greater gift than having your loved ones around you, so take advantage of the joy of being reunited as a family this spring.

Wishing you all the best on your journey to reuniting with your family members and friends! May this season be filled with warmth, love, and happiness. Enjoy every moment together!

Take Care,

Lakisha