Understanding Child Custody and Parental Relocation in New Jersey
When parents separate or divorce, few decisions are more sensitive – or more legally complex – than relocation. Whether you’re thinking of moving to a new city in New Jersey or out of state entirely, relocating with a child can significantly affect your custody arrangement.
New Jersey law places the child’s best interests at the heart of every relocation case. That means any move that could disrupt a custody or parenting time agreement must be carefully reviewed – either by mutual agreement between the parents or, when necessary, by the court.
If you're a parent considering relocation, or if you're concerned about how a proposed move might affect your relationship with your child, it’s important to understand your rights and responsibilities under New Jersey law. The experienced custody attorneys at LaBletta & Walters are here to guide you through this process and help protect what matters most – your child’s well-being.
What Does New Jersey Law Say About Relocating With a Child?
In New Jersey, a parent with primary physical custody cannot move out of state with the child without the other parent’s consent or court approval. This rule applies no matter how close or far the new location may be.
Even in-state moves can raise legal concerns if they significantly interfere with the existing custody or visitation schedule. In Bisbing v. Bisbing (2017), the New Jersey Supreme Court clarified that any relocation – whether in-state or out-of-state – must be evaluated using the “best interests of the child” standard. That means the court will focus on how the move will impact the child’s stability, emotional health, education, and connection with both parents.
If Parents Disagree
When both parents cannot agree on the relocation, the matter goes to family court. The parent seeking to move must prove that the relocation supports the child’s welfare. On the other hand, the parent objecting to the move must explain how it may negatively affect their relationship with the child or the child’s daily life.
Factors Courts Consider in Relocation Cases
Judges take several key factors into account when evaluating a relocation request, including:
- The child’s relationship with each parent
- The reason for the proposed move (e.g., job opportunity, remarriage, educational benefits)
- The impact on the non-moving parent’s parenting time
- The child’s age, developmental needs, and emotional ties
- How the move would affect the child’s education, healthcare, and community involvement
- The ability to maintain a meaningful relationship with the non-custodial parent
- Each parent’s willingness to support the child’s relationship with the other
Relocation cases are highly fact-specific. That's why having a knowledgeable New Jersey family law attorney by your side can make all the difference when preparing and presenting your case in court.
How Relocation Impacts Custody and What You Should Do Before Making a Move
Relocating often means more than just packing up and settling in a new place – it can also require changes to your custody and parenting time arrangement. Courts work hard to ensure that children maintain meaningful relationships with both parents, even when distance is a factor.
Possible Modifications to Custody and Visitation
If the court approves a move, the existing custody order may be modified. Some common adjustments include:
- Revised visitation schedules, such as longer parenting time during school breaks or holidays
- Virtual visitation, using video calls to stay in touch between in-person visits
- Travel expense sharing, especially when distance increases the cost of transportation
In some cases, if the court finds that the proposed move would not serve the child’s best interests, it may deny the request entirely – or even transfer custody to the non-moving parent.
Steps to Take Before Relocating with a Child
If you’re considering a move, taking the right steps early can protect your rights and improve your chances of a smooth legal process:
1. Review Your Custody Agreement
Start by checking your current custody order. Some agreements include specific language about relocation – such as notification requirements or geographic limits – that must be followed.
2. Try to Reach an Agreement
If the other parent agrees to the move, you can formalize the new arrangement through a consent order, which avoids the need for litigation. Make sure all changes are clearly documented in writing and approved by the court.
3. File a Motion for Relocation If Needed
If you can’t reach an agreement, you’ll need to file a motion in family court requesting permission to relocate. Your petition should explain why the move benefits your child and how you plan to maintain the child’s relationship with the other parent.
4. Prepare for a Court Hearing
The judge will look at factors such as education, healthcare access, community stability, and how the move would impact both parents’ ability to remain actively involved in the child’s life. An attorney can help you present strong evidence, such as relocation plans, expert testimony, and school records.
What If You're Trying to Prevent the Move?
If you’re the non-custodial parent and you believe the relocation would harm your relationship with your child or disrupt their life, you have the right to challenge it in court.
Common reasons to oppose a move include:
- The relocation would disrupt the child’s education, healthcare, or support system
- The moving parent has a history of interfering with parenting time
- The move is driven more by personal convenience than by the child’s needs
- The proposed visitation plan is unreasonable or unworkable
You’ll need to present your objections clearly and persuasively. A skilled custody lawyer can help you gather evidence, prepare arguments, and protect your parental rights.
How LaBletta & Walters Can Help with Relocation Cases
Whether you're seeking to move or trying to prevent a disruptive relocation, the outcome of your case can have a lasting impact on your child’s life and your relationship with them.
At LaBletta & Walters, we understand the emotional and legal complexity of custody relocation cases. Our attorneys will:
- Assess your legal position and explain your options
- Help you negotiate or challenge relocation terms
- Prepare and present strong, fact-based arguments in court
- Advocate for a parenting plan that prioritizes your child’s well-being and supports both parent-child relationships
With a client-centered approach and deep knowledge of New Jersey family law, we’re here to support and represent you every step of the way.
Speak with a New Jersey Custody Attorney Today
Relocation cases can be challenging – but you don’t have to face them alone. Whether you're a parent planning a move or someone trying to protect your time with your child, LaBletta & Walters is ready to help.
We proudly serve families throughout Mercer, Middlesex, Monmouth, and Ocean Counties, including Hamilton, Trenton, New Brunswick, Freehold, Middletown, Toms River, and surrounding communities.
Call us today at (732) 823-4417 or schedule a consultation online to discuss your custody and relocation concerns.
Together, we’ll work toward the best possible outcome for you and your child.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Custody and relocation laws may change, and every case is unique. To receive personalized legal guidance, consult with a qualified New Jersey family law attorney.