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Relocating Out of State with Your Child


If you are considering divorce or separation, and would like to move with your child out of New Jersey, many factors must be considered before you make that decision final. Under New Jersey law, N.J.S.A. 9:2-4(c), a parent cannot permanently relocate out of New Jersey absent a court order, or consent of the other parent. Further, if you seek to relocate, you must be prepared to show that the relocation is in the “best interest” of the child or children you plan to take with you. A 2017 New Jersey Supreme Court decision called Bisbing v. Bisbing changed the way relocation cases are handled.

In the past, there was a presumption that if the primary custodial parent was moving out of state and this move was in the best interest of the parent moving, then it would follow that it was in the best interest of the child. Bisbing changed this focus to the “best interest” of the child, aligning with many other states in the country. Courts are now required to use a “best interest evaluation”, applying 13 different factors before granting an application to move out of state with a child.

Some of the factors that a judge must review include the ability of the parents to cooperate, relationship between the child and his/her siblings, history of domestic violence, and geographic proximity. A party who wishes to move from Cherry Hill to Philadelphia is different than a part who seeks to move from New Jersey to Colorado.

All of these issues are fact sensitive and must be reviewed with an experienced family attorney. Contact an experienced relocation attorney today. Hofmann Law Firm, LLC is located in Princeton, NJ and serves clients in and around Mercer County, Middlesex County, Somerset County, Burlington County, Hunterdon County, Ocean County and Monmouth County. Hofmann Law Firm offers FREE Consultations and will help you get the help you need. Call (609) 375-2049 today.