Relocating to another state is a significant decision, especially when children are involved. For divorced or separated parents in New Jersey, moving out of state with a child isn’t as simple as packing up and leaving. New Jersey law requires either the consent of the non-custodial parent or court approval before such a move can occur.
Legal Requirements for Relocation
Under New Jersey Statute N.J.S.A. 9:2-2, a custodial parent must obtain either the non-custodial parent’s consent or a court order to relocate a child out of state.
The ‘Best Interests of the Child’ Standard
In 2017, the New Jersey Supreme Court’s decision in Bisbing v. Bisbing shifted the focus to the child’s best interests when considering relocation requests.
Factors Considered by the Court
When evaluating a relocation request, the court examines several factors, including:
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The reasons for and against the move
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The child’s relationship with both parents
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The child’s educational and health needs
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The feasibility of maintaining a relationship with the non-relocating parent
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The child’s preference, depending on age and maturity
Steps to Take If Considering Relocation
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Seek Consent: Discuss the move with the non-custodial parent. If they agree, obtain written consent and consider filing a consent order with the court.
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File a Motion: If the non-custodial parent objects, file a motion with the family court seeking permission to relocate .
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Prepare a Parenting Plan: Propose a plan that outlines how the child will maintain a relationship with the non-relocating parent, including visitation schedules and communication methods.
Consequences of Unauthorized Relocation
Moving a child out of state without proper authorization can lead to serious legal repercussions, including contempt of court charges, modification of custody arrangements, or even criminal charges for interference with custody.
Consulting with a Family Law Attorney
Given the complexities of relocation cases, it’s crucial to consult with an experienced family law attorney. At Ciro A. Spina III Law, we understand the nuances of New Jersey’s custody laws and are committed to advocating for your and your child’s best interests.
Contact Us
If you’re considering relocating with your child or have concerns about your co-parent’s potential move, contact Ciro A. Spina III Law for a consultation. We’re here to guide you through the legal process and protect your family’s rights. For more information, contact us at (973)352-7779 or check out our website.
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