Practice areas
Child relocation lawyer in Mt. Ephraim, NJ
Advocacy for parents seeking or opposing a child's move out of New Jersey, under N.J.S.A. 9:2-2 and the best-interests standard of Bisbing v. Bisbing.
Relocation with a child in New Jersey
A new job, a new partner or family support in another state can make a move feel necessary. When the other parent does not agree, a move out of New Jersey with a child needs a court order. The Legal Assistance Center represents parents on both sides of relocation disputes, from parents seeking permission to move to parents opposing one.
The law since Bisbing
Before 2017, a parent with primary custody could often move by showing a good-faith reason and that the move would not harm the child. In Bisbing v. Bisbing, the New Jersey Supreme Court replaced that test: where the parents share legal custody, courts now decide contested relocations by applying the same best-interests factors used for custody. Read moving out of New Jersey with your child for the full explanation, and how New Jersey courts decide child custody for the factors themselves.
What a court will want to see
A relocation case turns on the child: schools, family ties, the relationship with each parent, and how parenting time will work across the distance. A realistic parenting time schedule for after the move is part of the case. Relocation requests are often made as a post-judgment motion when a custody order already exists, and they are part of Danielle’s child custody practice.
- Seeking permission to move
Building the case for a move out of New Jersey, from the reasons for the move to the parenting time plan that comes with it.
- Opposing a proposed move
Responding when the other parent wants to move your child out of the state.
- Long-distance parenting plans
Revised parenting time schedules, travel and holiday arrangements when a move goes ahead.
FAQ
Child relocation lawyer in Mt. Ephraim, NJ questions
Still have questions? Call us any day and ask.
Can I move out of New Jersey with my child without the other parent's consent?
Generally not without a court order. Under N.J.S.A. 9:2-2, when the court has jurisdiction over custody, a child who was born in New Jersey or has lived here five years may not be moved out of the state without both parents' consent unless the court orders it for cause shown.
What standard applies after Bisbing?
In Bisbing v. Bisbing (2017), the New Jersey Supreme Court held that contested relocation disputes in which the parents share legal custody are decided under the best-interests factors of N.J.S.A. 9:2-4, whether one parent is the parent of primary residence or the parents share residential custody equally.
Get in touch
Ready to get started?
Advocacy for parents seeking or opposing a child's move out of New Jersey, under N.J.S.A. 9:2-2 and the best-interests standard of Bisbing v. Bisbing.
