Can I Move out of State with my Child?

Out-of-State Relocation Lawyer Wall NJ

Serving Families in Monmouth County and Ocean County communities such as Brick, Jackson, Neptune, Asbury Park, and across Central New Jersey

Out-of-State Relocation Lawyer Wall NJWhen parents divorce, or live in separate households, one of the most common sources of conflict arises when one parent or the other wishes to move out-of-state with the children. This can happen for a variety of reasons including new employment, a new marriage, a desire to be closer to extended family, or even a desire to live in an area which can better provide for and protect their children.

The most important thing for any parent to understand when it comes to out-of-state relocation is that children cannot be taken with the relocating parent without the permission of the courts. This used to not be the case, however thanks to the landmark 2017 NJ Supreme Court decision in the case of Bisbing v Bisbing, parents of primary residence can no longer relocate out-of-state with their children without filing the proper motions and securing a favorable ruling from the NJ family court system.

A parent’s relocation with children can be one of the most complex and contentious issues to decide, so it goes without saying that if you are seeking to relocate with your children or your co-parent is attempting to relocate with your children, it is highly recommended that you seek the guidance and counsel of an experienced child custody attorney.

At the Bronzino Law Firm, we have extensive experience fairly and effectively resolving family law matters of all kinds including child custody and relocation disputes for clients in towns across Ocean and Monmouth County. To speak with our legal team today in a free and confidential consultation regarding your child custody or relocation matter, and gain a better understanding of your rights and options moving forward, please call our Brick office or our Sea Girt office at (732) 812-3102.

Filing for Out-of-State Relocation in Monmouth County

For any parent who wishes to relocate with their children out of the state of New Jersey, the first step is to file a motion with the courts in which they will be required to show that the requested relocation is “in good faith”. This means that the relocating parent will need to show a good reason for their desire to relocate, and that it is not simply in an effort to limit the other parent’s custody and visitation with the children.

While there is not precise list of acceptable good faith reasons for an out-of-state relocation, some of the most commonly accepted reasons include:

  • A new employment opportunity
  • A new marriage
  • The desire to be closer to extended family
  • In order for the children to have access to better healthcare, education, or other services which meet a child’s specific needs or talents
  • To protect the children from some threat, either an abusive parent or relative, a dangerous neighborhood, or some kind of health risk

If the petitioning parent is successful in demonstrating a good faith reason for their desire to relocate, the matter will then proceed to a “Best Interest Standard decision”, discussed in the following section.

On the other hand, if the relocating parent is unable to show sufficient good faith motives for their relocation request, the matter will be denied outright. Of course, that parent is still free to relocate, but legally cannot do so with their children.

Child Relocation Hearing Attorney Toms River NJ

If the courts find that there is sufficient cause for a parent’s relocation request, a hearing will be held in order to determine what is in the best interests of the children (according to N.J.S.A. 9:4-2), and a modification to the existing child custody agreement will result from these findings.

There are a great many factors that the courts consider when determining what is in the best interests of a child, and you can view our Child Relocation page to gain a better understanding of all of these various factors.

Of course, having an experienced Toms River Child Relocation attorney on your side goes a long way towards presenting your case to the courts, and why your children living with you (whether that be as part of a relocation, or remaining in-state with the non-relocating parent) is in fact, in their best interests.

At the conclusion of this relocation hearing, the courts will award one parent or the other primary child custody, and help the two parents modify the existing custody and visitation agreement in such a way which allows the children to spend as much time as possible with both parents following the relocation.

Parent Removed Children from New Jersey Without Permission?

If a parent fails to follow the steps and processes outlined above, and relocates out-of-state with their children, that parent is technically committing an act of kidnapping – a federal crime. This is why it is so important that, if you are considering an out-of-state relocation, you file all of the necessary motions and proceed with the matter according to the letter of the law.

On the other hand, if your co-parent has illegally relocated out-of-state with your children, there are a number of different actions you can take both legal and criminal which can help you re-secure your parental and custodial rights.

Contact An Asbury Park Custody and Relocation Attorney Today

At the Bronzino Law Firm, we have extensive experience helping parents to resolve out-of-state relocation disputes of all kinds in towns across Ocean and Monmouth County, including Wall, Toms River, Asbury Park, Jackson, Point Pleasant, Neptune, and more.

Attorney Peter J. Bronzino has built his firm on the idea that only by providing highly attentive and communicative legal service can a family law attorney truly understand the needs and situation of his clients, and by extension the types of results that will best meet those same needs and situations of his clients.

To speak with Peter Bronzino and our legal team today in a free and confidential consultation regarding you or your co-parent’s out-of-state relocation, your options moving forward, and how exactly we can help you, please contact us online, or through our Brick office or our Sea Girt office at (732) 812-3102.