Richard Allan Nocks, Esq., is a New Jersey attorney committed to representing clients in Family Law cases. Focusing on Divorce, Post-Divorce, and all other aspects of Domestic Relations, we use our expertise and skills to fully meet our clients’ unique needs and concerns.
Relocation with the children
Do you want to relocate out of New Jersey with your children from your prior marriage or relationship? Is it because you got a new job in a different state, remarried, found a new life partner, or for an entirely different reason?
In 2017, the New Jersey Supreme Court set a new standard to permit parents to relocate to a new state and to relocate the children with them. While a party seeking a change in any custodial arrangement (whether it’s relocating or something else) must demonstrate a change of circumstances to warrant a modification, the New Jersey Supreme Court in Bisbing v. Bisbing, 230 N.J. 322, 335 (2017) held that courts should conduct a “best interests” inquiry to determine “cause” in all contested relocation disputes in which the parents share legal custody.
In that best-interest analysis, the court should consider all relevant factors pertaining to the relocation and the children’s bests interests, which include but are not limited to: (1) the parents’ ability to agree, communicate and cooperate in matters relating to the child; (2) the parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse; (3) the interaction and relationship of the child with its parents and siblings; (4) the history of domestic violence, if any; (5) the safety of the child and the safety of either parent from physical abuse by the other parent; (6) the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; (7) the needs of the child; (7) the stability of the home environment offered; (8) the quality and continuity of the child’s education; (9) the fitness of the parents; (10) the geographical proximity of the parents’ homes; (11) the extent and quality of the time spent with the child prior to or subsequent to the separation; (12) the parents’ employment responsibilities; (13) the age and number of the children; and (14) any other factor the court deems appropriate.
The court must therefore make a determination whether there is cause to authorize the relocation by weighing these factors and determining whether the relocation is in the children’s best interest. The “burden” to prove the case for relocation is on the party who wants to relocate the children, not the party opposing the children’s relocation. Technically, a former spouse can move anywhere in the world he or she wants; but the question is whether it’s in the best interest of the children to relocate with that parent and will the moving parent be able to prove it.
As an assist, it is crucial to involve a professional such as a child psychologist to opine as to the children’s best interests or what impact the move will have on the non-relocating parent. It is not surprising that the parent opposing the relocation will object on the grounds that a relocation will severely negatively affect that parent’s relationship with the children. Thus, a professional’s opinion one way or the other may hold great weight but in any event may be crucial in assisting the court in making the decision.
Feel free to contact our office should you find yourself in need of legal representation in any child relocation case.
