Relocating With Children After Divorce in NJ is not a “ask forgiveness later” situation. New Jersey’s removal statute says you can’t move a child out of state without the other parent’s consent (or the child’s consent if old enough) or a court order. If you’re thinking about a move—or worried the other parent is—get clear on the proof judges expect before anyone packs a box.
In 2017, the New Jersey Supreme Court reset the standard. In Bisbing v. Bisbing, the Court held that contested relocation requests rise and fall on the child’s best interests under our custody statute—not on whether the moving parent has “good faith” and the move isn’t “inimical.” That means judges weigh the full best‑interests factors and explain their reasoning on the record. Plan your evidence around that analysis from day one.
Bisbing v. Bisbing, 230 N.J. 309 (2017)
Bisbing v. Bisbing is the New Jersey Supreme Court case that changed how judges handle moves with children after a divorce. Before this case, the parent who had the child most of the time could often relocate if they had a “good‑faith” reason and the move wasn’t harmful. In Bisbing, the Court said that’s not enough—every relocation fight must be decided by one question: What is in the child’s best interests?
What does that mean in real life? Judges look at the child’s everyday world—school, routines, medical needs, ties to each parent and siblings, safety, and how a long‑distance move would affect time with the other parent. There’s no automatic advantage for the parent with more overnights. The parent asking to move needs a solid, realistic plan that protects the child and preserves a meaningful relationship with the other parent; the parent opposing the move should show how it would disrupt the child’s life. The focus stays squarely on the child.
The law in one page (so you can plan)
- The removal rule. N.J.S.A. 9:2‑2 bars removing a child from New Jersey without consent or a court order “upon cause shown.” In practice, “cause” is decided using the best‑interests standard. Don’t self‑help a move; it can backfire and trigger emergency orders.
- The best‑interests factors. Judges apply N.J.S.A. 9:2‑4—communication and cooperation, history of care, safety, school continuity, siblings, distance and logistics, the child’s needs and (when appropriate) preferences, and more. Your proof should track those factors, not generalities.
- Jurisdiction check. If another state is involved, the UCCJEA (N.J.S.A. 2A:34‑53 et seq.) controls which state decides custody/relocation. Don’t file in the wrong forum.
What “Relocating With Children After Divorce in NJ” cases turn on
Judges decide relocation cases by testing concrete facts against the best‑interests factors. Here’s what actually moves the needle in Bergen County courtrooms.
The child’s week—school, care, and continuity
Courts favor plans that protect a child’s routine. Come with school records, report cards, IEP/504 plans, therapist notes if applicable, and a side‑by‑side comparison of current vs. proposed schools. If you’re moving, show acceptance letters, district info, bus routes, and after‑school options—not just links to rankings. The more you can make the new week look stable and familiar, the better. Judges must ground decisions in the best interests framework, and continuity is a named factor.
Health, services, and special needs
If therapy, medical specialists, or services are part of your child’s life, shoulder the burden of proof. Identify comparable providers at the destination, waitlists, insurance coverage, and travel times. If you’re opposing the move, document risks to continuity of care and what happens to progress if services are disrupted. Judges expect specifics, not assumptions.
Parenting time—feasibility and credibility
Relocation isn’t just miles; it’s math. Present a workable schedule that preserves the other parent’s relationship: extended school breaks, a meaningful block in summer, and regular virtual contact—with flight times, costs, and who pays what. If you oppose relocation, show the court how distance will actually erode day‑to‑day parenting: missed activities, homework help, medical appointments, and the “small moments” that matter.
Good‑faith reasons and financial viability
Judges look at the why behind a move. Strong evidence: a written job offer, spouse/partner transfer papers, affordable housing with a signed lease, childcare arrangements, and a budget that covers travel for parenting time. Weak evidence: “We think we’ll figure it out there.” Best‑interests analysis considers whether the plan is real, funded, and sustainable.
Safety and domestic violence
If relocation is tied to safety, bring police reports, TRO/FRO orders, medical records, and any corroboration. The court can act on an emergent basis to prevent harm or to temporarily prevent removal while the case is heard. If there’s no active order, the court still treats safety as a priority factor in the best‑interests analysis.
The child’s voice (handled carefully)
When a child is mature enough, judges may consider preferences—often via a private, in‑chambers interview. It’s discretionary and used thoughtfully. If preferences matter to your case, we’ll address the timing and method with the court rather than putting a child in the middle.
Building your record if you’re the moving parent
Start with the week. Map school, homework time, therapies, and activities at the destination. Then stack supporting proof:
- Education: enrollment/acceptance letters, program descriptions, IEP transfer notes, comparison of class sizes and specialized offerings.
- Housing & childcare: signed lease or purchase contract; daycare contracts or after‑care confirmations.
- Work & support: job offer with pay/benefits, employer relocation terms, family support network details (who, where, when).
- Parenting plan: a written schedule that maximizes the other parent’s time (holidays, summer), travel itineraries with sample fares, and proposed cost‑sharing.
- Virtual contact: devices, times, and ground rules for video calls and school portals.
That package lets the judge apply Bisbing with confidence that your move serves the child’s best interests—not just adult preferences.
Building your record if you’re opposing the move
Focus on the relationship the child would lose. Document the daily stuff that vanishes when distance grows: mid‑week homework, team practices, medical visits, school concerts, Sunday dinners with cousins. Offer viable alternatives—a local housing option, a job lead, or a revised schedule that preserves stability without relocation. If you believe the other parent may leave without permission, we can seek emergent relief to maintain the status quo while the court hears the facts.
Process notes for Bergen County families
Your hearings will be at the Bergen County Justice Center in Hackensack. In contested matters, judges may:
• Refer you to custody/parenting‑time mediation for schedule design (safety permitting).
• Order a custody/parenting‑time investigation under Rule 5:8‑1 (Family Division report) or request a neutral evaluation in complex cases.
• Conduct a focused best‑interests analysis and issue findings on each significant factor, consistent with Bisbing.
If another state is involved—say, you filed here but the children recently moved—the UCCJEA determines which state has authority to decide. We address that threshold early so you don’t waste time in the wrong forum.
Common pitfalls we see (and how to avoid them)
Self‑help moves. Do not leave New Jersey with the child without consent or a court order. It invites emergency applications and damages credibility. Use the emergent process if timing is tight.
Thin, generic proof. A printout of school rankings won’t carry your burden. Judges want specifics tied to your child’s needs: services, schedules, transportation, and money.
Ignoring travel logistics. If your plan hinges on bi‑weekly flights, produce sample itineraries, costs, escrow or cost‑sharing proposals, and a backup plan for delays. Judges are allergic to wishful thinking.
Forgetting jurisdiction. When another state enters the picture, the UCCJEA can decide everything. We sort that out first.
FAQs (short and straight)
Can I move first and ask later?
No. N.J.S.A. 9:2‑2 requires consent or a court order. If there’s a risk of harm or flight, the court can hear emergent applications quickly.
What standard will the judge use?
Bisbing says the best interests of the child control. The court works through N.J.S.A. 9:2‑4 factors and explains its findings on the record.
Will the judge talk to my child?
Possibly. Judges can consider a mature child’s views, often through a private interview as part of the broader best‑interests analysis.
How do I stop a surprise move?
File promptly. The Judiciary provides forms and guidance for emergent relief, including temporary prevention of relocation.
What if another state is already involved?
The UCCJEA decides which state hears the case. We raise jurisdiction early to prevent duplicate or conflicting orders.
Final word
Relocation cases are won with credible, child‑focused proof. If you’re seeking a move, bring a plan that protects your child’s week and the other parent’s role—and fund it. If you’re opposing, show the court what distance really costs a child, and propose workable alternatives. Either way, we’ll align your evidence, move quickly if emergencies loom, and keep the focus where it belongs: your child’s best interests.
Need guidance? If you’re considering a move—or trying to prevent one—let’s talk. Sammarro & Zalarick can help you map the right evidence, build a realistic parenting plan, and navigate the Bergen County court process. Contact us for a confidential consultation and get a clear path forward.