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.
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