Relocation

When parents separate or divorce, the distance between their residences can greatly impact parenting time. In New Jersey, a parent who wishes to move out of state with a minor child faces significant legal constraints. Relocation out of the State of New Jersey without the other parent's consent or a court order is not permissible.  

In 2017, the New Jersey Supreme Court issued a landmark decision in Bisbing v. Bisbing, 230 N.J. 309 (2017), which fundamentally reshaped how relocation cases are evaluated.

Prior to Bisbing, the analysis differed depending on the custody arrangement in place. Bisbing eliminated that distinction and established a uniform standard: in all relocation cases, the court must apply the best interests of the child standard. The relocating parent bears the burden of demonstrating that the move serves the child's best interests — not merely the parent's own interests.

Relocation disputes are among the most emotionally charged and legally complex matters in family law. A parent seeking to relocate must build a compelling case centered on the child's well-being — not just personal or professional opportunity. Conversely, a parent opposing relocation must be prepared to demonstrate the meaningful impact the move would have on their relationship with the child and on the child's overall stability.

Whether you are seeking to relocate or fighting to keep your child close, experienced legal counsel is essential. Our attorneys have extensive experience navigating relocation matters and will work tirelessly to protect your parental rights and your child's best interests.  Call us today at 908-735-5161.