Can I Move My Kids Out of State?

In New Jersey, neither party can move out of the state with the children of a divorced or separated couple without the consent of the other parent or the permission of the Court. (N.J.S.A. 9:2-2.)

While you can move within the state of New Jersey without the other parent’s permission; if the move relocates the children too far from the other parent, so that their parenting time schedule is affected, even an intrastate move can have its own implications.

If you need to move out of state, or even further away than your present residence within the state, Maria A. Giammona Law, LLC can provide legal representation and guidance throughout the process. Unfortunately, there is no clear-cut answer as to when a Court will permit the other parent to move out of state with the children. It depends on your individual situation and circumstances. Ultimately, the Court will base the decision on what’s best for the children. It will not base the decision on whether the move is better for you, as their parent. If a move could negatively affect the relationship between your child and their other parent, then it’ll be tough to get the court to approve it.

What Was the Relocation Law Before Bisbing v. Bisbing?

In New Jersey, a divorced or separated parent can’t move the children out of the state without permission from the other parent or from the court.

Prior to 2017, if the other parent refused to allow the children to move out of state, you would make an application to the Court seeking permission to relocate. Generally, the legal standard was that whatever was best for the parent was probably best for the child. However, that changed with Bisbing v. Bisbing .

In Bisbing, a mother planned to leave New Jersey and relocate to Utah to be with her fiancé. The father objected to the children being moved and therefore, the mother filed an application with the court seeking the permission to move to Utah with the children. The trial court found in favor of the mother and granted her permission to move to Utah. The father appealed and ultimately, the New Jersey Supreme Court set a new standard for determining if such moves should be allowed.

Bisbing Case Changed Child Relocation Laws in New Jersey

After Bisbing, no longer would it be assumed that what was best for the parent was also best for the child. Because of this, a parent couldn’t simply say that their move to another state was necessary. The parent asking to move with the children must prove that it would be in the child’s best interest.

What Does the Court Consider When Deciding the Child’s Best Interest?

This new legal standard applies to all child custody cases in which the parents have joint legal custody. It doesn’t matter how much parenting time either parent has with the children. Instead, the court will apply the following test to determine what’s in the child’s best interest:

• the parents’ ability to agree, communicate, and cooperate in matters relating to the child;
• the parents’ willingness to accept custody, and any history of unwillingness to allow parenting time that isn’t based on substantiated abuse;
• the interaction and relationship of the child with his/her parents and siblings;
• any history of domestic violence;
• the safety of the child and the safety of either parent from physical abuse by the other parent;
• the child’s preference, when the child has the capacity to make an intelligent decision;
• the child’s needs;
• the stability of the home environment offered by the parents;
• the quality and continuity of the child’s education;
• the parents’ fitness to exercise custody;
• the geographical proximity of the parents’ homes;
• the extent and quality of the time spent with the child before or after the separation;
• the parents’ employment responsibilities; and
• the age and number of the children. (N.J.S.A. 9:2-4)

Where Can I Find Legal Support for My Relocation Issue?

Maria A. Giammona Law has been providing caring and compassionate representation for family law matters in Totowa, Wayne, West Milford, Woodland Park and throughout Passaic County for over 20 years. We’ll patiently look at every aspect of your situation and help you determine the best strategy for your family. We invite you to call us at 973-922-1035 to schedule a  consultation.