Moving to another state with your child requires permission from the other parent
Has the cost of living in New Jersey become too high? Did you find a School District in a neighboring state that provides a better education for your children? Well don’t pack your bags just yet! For divorced or unmarried parents, New Jersey law requires permission from the other parent to move your children to another state. Otherwise, the law considers the move kidnapping!
If the other party does not give permission, you will need to prove in court that the relocation is in the children’s best interest. (Bisbing v. Bisbing, 230 N.J. 309 (2017) If it is proven that the move is in the children’s best interest, the court will grant permission for the move. Here are a few of the factors that the court considers in making these decisions:
- The parents’ ability to agree, communicate and cooperate in matters relating to the child;
- The interactions and relationship of the child with its parents and siblings;
- Any history of domestic violence;
- The preference of the child – IF the child is of sufficient age and reasoning capacity;
- The stability of the home environment offered;
- The quality and continuity of the child’s education;
- The fitness of the parents;
- The parents’ employment responsibilities;
Unless the reasons for the move are completely obvious to the court, a hearing will be required to examine the best interests of the children, interference with parental rights, and the existence of a good faith reason to move. And unless you have a skilled and experienced family law attorney assisting you with your case, you may be quickly overwhelmed by the process.
Call Edens Law Group. With over 35 years of family law experience in New Jersey, our expertise is unmatched. We will help you fight for what’s best for your children!
