Relocation of a Child Out of State

Relocation of a Child Out of State Lawyer in Camden, NJ

Family Law Attorney Handles Child Relocation Matters in Camden County & Burlington County, New Jersey

In New Jersey, statutory law requires that a custodial parent obtain the consent of the non-custodial parent prior to relocating out-of-state with their children — or that the court approve of such relocation in the event of a dispute. Generally speaking, there is a disinclination among New Jersey courts to allow out-of-state relocation when the non-custodial parent objects to such relocation (as it would likely interfere with preexisting custody and visitation rights), but the Supreme Court of New Jersey has established standards for determining whether the relocation should be approved.

Lois Garber Schwartz, Esq. is committed to providing clients with personally-tailored representation in a range of family law matters, including those involving sensitive issues of child custody and relocation. She represents clients going through divorce, and clients who have already gotten divorced, in Cherry Hill, Gloucester Township, Pennsauken, and everywhere else in Camden County, NJ. Call 856-375-8989, or fill out the online contact form, to get connected with Attorney Schwartz today.

The Bisbing Standard for Child Relocation Disputes in New Jersey

On August 8, 2017, the New Jersey Supreme Court in Bisbing v. Bisbing reconsidered its older child relocation standards and established a new “best interest” standard.

Previously, NJ family courts relied on a good faith standard. If the custodial parent could show that they had a good faith reason to relocate and that the relocation would not be harmful to the interests of the child, then the relocation would likely be approved – even if the non-custodial parent challenged the move.

In Bisbing, the factors that a New Jersey family court must consider in determining whether to approve of the relocation are focused on the best interests of the child – not on the rights of the custodial parent.

Relevant factors include:

  • The strength of the child’s preexisting relationships with their parents and immediate siblings.
  • Stability of each home environment.
  • Child safety concerns.
  • Child preferences (if the child is old enough to make such preferences known in a reasoned manner).
  • Each parent’s demonstrated willingness to shoulder their custodial responsibilities.
  • Domestic violence history.
  • Parent fitness.
  • Educational quality.
  • Distance of relocation (a relocation to California is less likely to receive approval than a relocation to Maryland).
  • Employment prospects for each parent.

When challenging a relocation, the non-custodial parent must show that, given the circumstances, the relocation would not be in the best interests of the child.

Consult with an Experienced Cherry Hill, NJ Family Lawyer About Your Out-of-State Child Relocation Matter

Lois Garber Schwartz, Esq. is an experienced New Jersey family lawyer who has represented clients in divorce, separation, child custody, property division, spousal support, and domestic violence matters for nearly four decades. Attorney Schwartz believes that the key to a successful family law engagement is an open and honest attorney-client relationship. To that end, the lines of communication are kept open. Clients are encouraged to contact Attorney Schwartz if they have any questions or concerns – they can expect to receive a response within 24 hours of the initial communication.

Are you planning an interstate relocation that is being challenged by your former spouse? Or are you concerned about a potential relocation and its effect on your pre-existing custody and visitation rights? Contact Lois Garber Schwartz, Esq. today for a free consultation about your NJ child relocation case.

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    Lois Garber Schwartz

    1040 Kings Highway N., Suite 202

    Cherry Hill, NJ 08034


    Phone: 856-375-8989

    Fax: 856-482-0343