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Parental Relocation Attorneys in New Jersey

When one parent wants to move with a child out of New Jersey — or even to a distant county — it can upend custody arrangements, disrupt the child’s routine, and strain co-parenting relationships. In New Jersey, parental relocation isn’t just a matter of preference — it’s a legal issue that requires court approval or the other parent’s consent.

At Ratliff Jackson LLP, we represent parents on both sides of relocation cases. Whether you’re trying to move for a job, safety, or family support, or you’re fighting to keep your child from being taken away, we build compelling legal arguments grounded in case law, custody agreements, and the child’s best interests. These cases move quickly and cut deep — we act fast and litigate hard.

What Is Considered “Relocation” in New Jersey?

Under New Jersey law, a relocation occurs when the primary custodial parent wants to:

  • Move a child out of state, or
  • Move far enough within the state that it significantly impacts the current parenting schedule

Relocation is governed by the “best interests of the child” standard following the New Jersey Supreme Court’s decision in Bisbing v. Bisbing, 230 N.J. 309 (2017). This ruling replaced the old “good faith” test for custodial parents with a fact-intensive inquiry that treats both parents’ rights equally — regardless of who has primary custody.

Factors Courts Consider in Relocation Cases

Relocation is not automatically granted. The parent seeking to move must prove that the relocation is in the child’s best interest. The court considers:

  • The reasons for and against the move
  • The relationship between the child and both parents
  • Educational, health, and emotional opportunities in each location
  • The impact on extended family and support networks
  • Whether the move will preserve and promote a meaningful relationship with the noncustodial parent
  • Any history of domestic violence or parental alienation
  • The preferences of the child (depending on age and maturity)

Our attorneys prepare strategic case plans that address each of these factors — including expert reports and custody evaluations when necessary.

Legal Options for Relocation and Objection

Seeking to Relocate with a Child

We prepare relocation petitions, negotiate modified parenting plans, and present evidence showing the move supports the child’s stability, access to family, and educational or emotional development. Courts expect serious justification — we deliver it with credibility.

Objecting to a Proposed Relocation

If your co-parent is trying to move your child without your agreement, we file objections and seek injunctive relief. We gather evidence that shows how the move would disrupt your parent-child relationship and harm the child’s well-being.

Emergency Relief & Temporary Orders

In cases involving surprise relocations or threats of removal, we file emergent applications under R. 5:7-1 to prevent the move until the court can fully review the facts.

Relocation vs. Custody Modification

Relocation often triggers a custody modification, especially if the current schedule becomes impractical or impossible. Courts may:

  • Award joint legal or residential custody in new configurations
  • Shift primary custody if one parent is better positioned to maintain stability
  • Create virtual parenting schedules when relocation is allowed
  • Require travel expenses to be shared or reimbursed

We negotiate parenting plans that preserve your rights — and if needed, litigate aggressively to protect them.

Frequently Asked Questions: Parental Relocation in NJ

Can I move out of New Jersey with my child if I have sole custody?

Not without court permission or the other parent’s written consent. Under Bisbing, even sole custodial parents must prove the move is in the child’s best interest.

What if the other parent is behind on child support — does that help my relocation case?

It may be a factor, but it’s not determinative. The court’s focus is on the child, not parental conduct alone. However, persistent noncompliance may support your credibility and caregiving stability.

Do I need a lawyer if we already agreed to the move?

Yes. Even if both parents agree, the court may require a consent order to formalize the terms. We draft enforceable relocation agreements that protect your rights and clarify expectations.

How long does a relocation case take?

It varies. Contested relocation matters may take several months depending on complexity, evaluations, and hearings. Emergencies can be fast-tracked if time-sensitive.

Can the court deny relocation even if it benefits my job or finances?

Yes. Personal financial improvement is not enough — the move must demonstrably benefit the child and maintain a relationship with the non-moving parent. We frame arguments accordingly.

We Help Parents Relocate — or Prevent Relocation — with Precision and Force

Relocation cases aren’t about distance — they’re about disruption. Whether you’re trying to move or trying to stay involved, you need a legal strategy built for court — not just compromise. At Ratliff Jackson LLP, we handle parental relocation with the urgency, intelligence, and advocacy these emotionally charged cases demand.

Call 856-209-3111 or contact us online for a confidential case review.

 

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