When one parent wants to move out of New Jersey with their child, the decision is not solely personal—it’s a legal issue governed by state custody laws. Whether for work, family, or a fresh start, relocation with a child requires more than just good intentions. New Jersey law mandates that a parent must obtain permission before moving a child across state lines, especially when custody and visitation rights are in place.
The Legal Rule: Consent or Court Approval
Under N.J.S.A. 9:2-2, if a parent wishes to relocate out of state with a child, they must get either:
- Written consent from the other parent, or
- Approval from the court through a formal legal process.
This applies regardless of whether the parent seeking to relocate is the primary custodial parent. The law exists to protect the child’s relationship with both parents and to prevent one parent from making a unilateral decision that affects the other’s parenting time.
When Parents Agree
If both parents agree to the move, they should draft and sign a written agreement that clearly outlines the terms of relocation and any new custody or visitation arrangements. Even with consent, it’s wise to have the agreement approved by a judge to ensure it is legally binding and enforceable.
When Parents Disagree
If the noncustodial parent objects to the move, the custodial parent must file a motion with the family court to request permission. This triggers a legal process in which the judge will evaluate whether the relocation is in the best interests of the child.
Since the 2017 New Jersey Supreme Court decision in Bisbing v. Bisbing, courts use the best interests standard for all relocation cases. This means that the parent who wants to move must demonstrate that the relocation supports the child’s overall well-being, not just their own convenience or personal gain.
What the Court Considers
When determining whether to allow the relocation, the court reviews many factors, including:
- The reason for the move (e.g., employment, family support, remarriage)
- The other parent’s reason for opposing the move
- The impact on the child’s relationship with both parents
- The child’s educational, social, and emotional needs
- The feasibility of maintaining a parenting schedule across state lines
- The child’s preference, depending on their age and maturity
- Any history of abuse, neglect, or domestic violence
The parent requesting relocation must provide a detailed plan that addresses how the move will benefit the child and how ongoing contact with the other parent will be maintained.
Consequences of Unauthorized Relocation
If a parent moves out of state with the child without the required consent or court order, they could face serious legal consequences. These may include:
- A court order to return the child to New Jersey
- A change in custody arrangements
- Contempt of court charges
- Fines or even jail time in extreme cases
Courts take violations of custody orders seriously, especially when the child’s access to the other parent is disrupted.
Adjusting Parenting Time After Relocation
If the court approves the move, the existing custody order will likely be modified. The judge may create a new parenting schedule that accommodates long-distance arrangements, such as:
- Extended visits during school holidays or summer
- Frequent phone or video calls
- Shared travel responsibilities and expenses
The goal is to preserve a meaningful parent-child relationship, even across state borders.
Final Thoughts
Relocating with a child from New Jersey involves careful legal planning. Even if the move feels necessary or beneficial, parents must follow the law to avoid jeopardizing their custody rights. Open communication, proper legal procedures, and a focus on the child’s best interests are key to navigating this emotional and complex process. Whether you are seeking relocation or contesting it, consulting a family law attorney is the most effective way to protect your rights and your child’s future.