Working With a New Jersey Child Relocation Attorney: The Post-Bisbing Standard

Once your divorce is finalized, you may feel ready for a fresh start.  That might include new friendships, a new relationship or starting a new career.  Any of these changes can result in a desire or even the necessity to relocate.  So here’s what you need to know.

If you don’t have children with your ex-spouse, feel free to move about the country.  If you are a parent, sorry, but your situation is much more complicated.  In New Jersey, there are child custody relocation laws and a relatively recent NJ Supreme Court decision that raises the bar for their implementation.  In short, children may not be moved out of New Jersey without the consent of both parents, unless a court finds cause to order otherwise.  This means that you must have permission to relocate your child from New Jersey, either from the other parent or from the court. If you find yourself in these circumstances, what you need is a New Jersey child relocation attorney.

Why the Law Changed: The Impact of Bisbing v. Bisbing 

Until 2017, it was fairly simple for a custodial parent to move out of state with their child. According to a previous NJ Supreme Court decision (Baures v. Lewis, 2001), the parent who wished to relocate had to meet two requirements: they had to show a legitimate reason for the move, and that the move would not adversely affect the child.  In its opinion, the Court ruled that essentially what was good for the custodial parent was good for the child, as well.

Then in 2017, a case that was appealed to the NJ Supreme Court created a higher standard.  In essence, the Court asserted that there is often an inherent best interest for a child to live in proximity to both parents.

In the case of Bisbing v. Bisbing, at the time of the couple’s divorce, they had twin seven-year-old daughters. Soon after the divorce, the mother stated her intention to marry a Utah resident she was dating. She asked the father for permission to relocate with the children from New Jersey to Utah, and he refused. The trial court granted the mother’s request for child custody relocation, determining that her request was made in good faith and that the relocation would not be harmful to the children.

The father appealed, and the case was taken up by the NJ Supreme Court in 2017. The Court’s decision significantly changed the criteria for lower courts to decide whether to allow a parent to relocate with their child out of New Jersey. The Supreme Court reasoned that the fairest way to decide a relocation case is to apply the same standards used for all custody matters.  The court could no longer consider only a parent’s reason for relocation and whether the move would harm the child, but ultimately to consider what’s in the best interests of the child using a 13 item test of that standard. 

The “best interests standard” is applied in all child custody relocation cases where parents have joint legal custody, regardless of whether a parent is of the primary residence, the alternate residence, or the parents equally share physical custody.

How a NJ Child Relocation Lawyer Can Help 

A family court judge can exercise a good amount of discretion when deciding a child relocation case.  Your New Jersey child relocation attorney can advocate on your behalf while building a case for your desired outcome.  Whether you are the parent who is requesting relocation, or you are fighting your ex-spouse’s request to do so, a lawyer with experience in child relocation cases will be dedicated to convincing the court that your wishes are, in fact, in the best interest of your child.

How a New Jersey Child Relocation Attorney Builds Your Case 

Whether you’re hoping to relocate with your children or planning to fight a relocation, your New Jersey child relocation attorney will consider multiple factors when building a case to demonstrate to the court that your intentions meet the “best interest standard” established by the Bisbing case.  The criteria for determining what is in a child’s best interest includes the following 13 factors:

• the parents’ ability to agree, communicate, and cooperate in matters relating to the child;
• the parents’ willingness to accept custody, and any history of unwillingness to allow parenting time which isn’t based on substantiated abuse;
• the interaction and relationship of the child with parents and siblings;
• any history of domestic violence;
• the safety of the child and the safety of either parent from physical abuse by the other parent;
• the child’s preference, when the child has the capacity to make an intelligent decision;
• the child’s needs;
• the stability of the home environment offered by the parents;
• the quality and continuity of the child’s education;
• the parents’ fitness to exercise custody;
• the geographical proximity of the parents’ homes;
• the extent and quality of the time spent with the child before or after the separation;
• the parents’ employment responsibilities; and
• the age and number of the children.

Seeking or Opposing a Relocation? Get Legal Representation 

Child relocation cases can be complicated as courts continue to interpret them using the Bisbing decision. If you or your ex-spouse are contemplating a move out of New Jersey with your child, please contact us at DeTorres & DeGeorge Family Law to schedule a consultation.  Whether you are seeking or opposing relocation, our child relocation attorneys are ready to build your case.