Where parents share joint legal custody, disputes can arise when one parent prefers to take the child, or children, to live with them in either a different part of New Jersey, or to a different state.  New Jersey trial courts have made it more difficult for the primary residential parent to seek such a move, referred to as “relocation.”

Since 2017, even a parent who has primary residential custody must demonstrate that a move is in the child’s “best interests,” which provides “cause” for the proposed move.  Since 2019, the so-called “best interests” standard also applies to requests for intra-state moves.  For example, even if a parent has primary residential custody, and is only seeking to move within New Jersey (i.e. from Monmouth County to Bergen County), that parent must demonstrate to the trial court that the move is in the child’s best interests.

There are a number of statutory factors that are used to determine whether the best interests standard has been met, and those factors will be analyzed at trial, or a plenary hearing.  It is difficult for the trial court to permit relocation without having a trial.

The necessity for a trial or a plenary hearing underscores the complexity and gravity of custody relocation cases. The Court must delve into the details and nuances of each individual case, and weigh various relevant factors to make an informed decision that prioritizes the best interests of the child, or children. This legal process demands careful consideration of factors such as the child’s relationship with each parent, the impact of the move on the child’s education and social life, and the motivations behind the relocation request.

Given the intricacies of custody relocation cases, individuals navigating these legal challenges are encouraged to seek professional guidance. Our office is equipped to provide a thorough and insightful discussion on custody relocation matters. We understand the complexities involved and can offer valuable assistance in navigating the legal landscape surrounding these delicate situations. If you find yourself facing questions or concerns related to custody relocation, we invite you to reach out to our office for a comprehensive and personalized consultation tailored to your specific circumstances.