Arons & Solomon Divorce Lawyers | November 22, 2025 | Child Custody In Bergen County, NJ
When parents share joint physical custody, both benefit from regular, meaningful time with their child. A move out of state can disrupt this arrangement and make it harder for the other parent to maintain frequent contact. Because of this, courts often step in to decide whether relocation is appropriate and what custody plan best supports the child’s interests.
If you want to move with your child, you must either get the other parent’s consent or obtain court approval. Relocating without doing so can lead to serious consequences, including contempt of court or a change in custody.
New Jersey Child Relocation Laws
In a 2017 child custody case, Bisbing v. Bisbing, 230 N.J. 309, the New Jersey Supreme Court determined that the fairest way to determine whether a divorced parent could move out of state was to apply the same factors New Jersey family courts use when making initial child custody decisions.
These factors include:
- The parents’ ability to agree, communicate, and cooperate in things related to the child
- The parents’ willingness to accept custody and any history of unwillingness to allow parenting time that was not due to substantiated abuse
- The relationship and interaction between the child and each of their parents and siblings
- Any history of domestic violence
- The needs of the child
- The stability of the home environment that each parent is offering
- Fitness of the parents
- The parents’ employment responsibilities
- The age and number of the children
- How close the parents’ homes are to each other
- The quality and continuity of the child’s education
- The extent and quality of the time each parent spent with the child before and after the parents’ separation
- The child’s preferences, if of sufficient age and capacity to reason and form an intelligent reason
These factors are based on the child’s best interests. If the parents cannot agree on what is in the child’s best interests, the court can consider these and any other relevant factors to determine what is in the child’s best interests, including whether or not a move is.
Steps To Take if You Want To Move With Your Child
If you want to move with your child, these are the general steps you will need to take:
- Discuss the plan with the other parent: The process is much simpler if you can get the other parent’s permission for the move. If you can reach an agreement, you can have your attorney draw up a consent agreement.
- File a petition with the court: You must prepare a petition seeking a formal change to the official family court order.
- Prove the move is in your child’s best interests: It is your responsibility to prove that the move is not only best for you but also best for your child. For example, you might present evidence that your child would have better opportunities there, such as access to better medical records, schools, or extracurricular activities.
A lawyer can assist you with these steps.
Potential Visitation Schedules for the Non-Moving Parent
The potential changes to your custody and visitation schedule could take various forms, depending on how far away the move is, your and the other parent’s work schedules, and the decision by the parents or court.
Possible arrangements with the non-moving parent include:
- Longer periods of time, such as over school breaks and summer
- Occasional three-day weekends, in conjunction with other times
- Every other weekend visitation, if the move is relatively close
Whether the parents or the court decides what the changed custody arrangement will look like, what is in the child’s best interests must be the central focus.
Learn More When You Contact a Bergen County Family Law Attorney
New Jersey courts evaluate relocation requests through the lens of the child’s best interests, using the same factors applied in initial custody decisions. Understanding these standards—and preparing strong evidence to support your position—is essential if you hope to move.
You can discuss your particular situation and how a relocation may play out when you contact Arons & Solomon Divorce Lawyers for a confidential case review.
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
Bergen County Law Office
1 University Plaza Dr #400, Hackensack, NJ 07601, United States