New Standard for Child Relocation Applications in New Jersey

New Standard for Child Relocation Applications in New Jersey

There may come a time after a divorce is finalized or the child custody agreement is entered by the family court as an order when the custodial parent may need to relocate to another county in New Jersey or outside the state. The agreement, whether divorce or child custody, may contain provisions for a permissible relocation of the child. Many times, however, no such provision is included in the agreement or there is a prohibition on relocation. Life happens, and circumstances change so the parent seeking to relocate must first try to obtain consent from the noncustodial parent before making the move. If the parents cannot come to an agreement, a contested child relocation petition must be filed in court. 

Old Standard for Child Relocation Petitions in New Jersey

For over a decade, the standard used by courts in New Jersey to approve the relocation of a child post-agreement in a divorce or custody proceeding required the parent wishing to relocate to show cause absent consent of the other parent. See Baures v. Lewis. Specifically, the relocating parent must demonstrate a good-faith reason for the move and that the move would not be harmful to the child’s interest. This standard is no longer applicable in child relocation petitions.

“Best Interest of the Child” Is New Standard for Child Relocation Petitions in New Jersey

In Bisbing v. Bisbing, the New Jersey Supreme Court ruled that contested child relocation petitions must be analyzed using the best interest of the child standard to determine cause when the parents share legal custody. This change aligns child relocation petitions with child custody determination standards that “the rights of parents are to be equally respected in custody determinations” and “that custody arrangements must serve the best interests of the child.” N.J.S.A. 9:2–4.

International Relocation of Child

The Bisbing standard also applies to a relocation of the child outside of the country. The custodial parent cannot relocate to another country with his or her children without the express written consent of the other parent. The relocating parent may lose all parenting rights and the matter treated as a kidnapping if the custodial parent leaves the United States for a foreign country without permission.

Can I Relocate with Children After My Divorce?

If you are contemplating a move out of state for a job or other reason, schedule a consultation today with the divorce and family law attorneys in Hackensack, New Jersey. The marital settlement or child custody agreement should contain provisions that restrict the ability of the parent of primary residence to relocate with the children without the permission of the parent of alternate residence. If one parent objects to the potential relocation, prepare for a contested child relocation application.

Hackensack, New Jersey Divorce and Family Law Attorneys can help you understand your parental rights during a divorce or child custody proceeding. The Giro Law Firm provides legal services in a variety of divorce and family law matters, including contested divorces, prenuptial agreements, paternity testing, parental rights, adoption, spousal support, and civil union agreements.