Child Relocation Lawyer NJ – Protecting Parental Rights When Moving Out of State
If you're planning to move out of New Jersey with your child—or facing a situation where your co-parent wants to relocate—you need answers fast. Relocation is one of the most complex and emotional custody issues parents face after separation. At our firm, we help parents on both sides of the issue protect what matters most.
As experienced
child relocation lawyers in NJ, we represent clients throughout Bergen County and surrounding areas in motions to remove children from the state, modify parenting time, and negotiate relocation solutions that work.
What NJ Law Says About Moving With Your Child
Under New Jersey law, a parent cannot relocate a child out of state if the other parent has parenting time—unless they obtain the other parent’s written consent or a court order.
This rule applies whether you're moving for a new job, to be closer to family, or to start over after divorce. Since a key 2017 New Jersey Supreme Court ruling, courts must now apply the “best interests of the child” test when deciding relocation cases—not just what’s best for the parent.
That means the court will look at how the move affects the child’s relationship with both parents, stability, schooling, community ties, and more.
How the Relocation Process Works in New Jersey
If you want to move out of state with your child, you must file a motion with the court. This motion must include:
- A proposed relocation plan
- Reasons for the move (job offer, education, family support, etc.)
- A plan for maintaining the child’s relationship with the other parent
The parent who receives the motion can file a formal objection. If the court determines the parents can’t agree, it will hold a hearing and weigh factors such as:
- The reasons each parent has for requesting or opposing the move
- The child’s relationship with each parent
- Educational and emotional opportunities at both locations
- The feasibility of a revised parenting schedule
- Any history of domestic violence or parental interference
These cases are fact-intensive. The outcome often depends on how thoroughly the proposed plan is presented and how clearly the child’s needs are prioritized.
Helping Parents Seeking to Relocate or Oppose a Move
Whether you're looking to move or fighting to keep your child in New Jersey, we understand how high the stakes are—and how to build a case that reflects both the legal and emotional dimensions of the issue.
For parents seeking relocation, we help you:
- Draft a thorough and persuasive relocation proposal
- Anticipate and address likely objections
- Prepare for court hearings with strong documentation and testimony
For parents opposing relocation, we help you:
- Assert your right to maintain a meaningful relationship with your child
- Identify weaknesses in the proposed plan
- Present alternative parenting arrangements that serve the child’s best interests
In either case, we fight hard for your parental rights while offering clear, steady guidance through what’s often an incredibly difficult process.
Creative Solutions to Complex Parenting Challenges
Sometimes the court may allow a move but adjust the parenting schedule—such as giving the non-moving parent extended summer or holiday time. Other times, courts encourage virtual visitation (video calls, travel stipends) to preserve parent-child bonds.
We work closely with clients to explore every available option, balancing legal strategy with practical parenting concerns.
Answers to Common Questions About Child Relocation in NJ
Can I move with my child before the court decides?
No. You must get permission before relocating. Moving without consent or a court order could lead to legal penalties and custody consequences.
Does moving within New Jersey require permission?
It depends. A move that disrupts the parenting schedule or significantly changes the child’s school or support system may require court approval, even if it’s in-state.
What if I share joint custody?
Even with joint legal or physical custody, neither parent can relocate the child without consent or court approval. The court will review the full context of the parenting arrangement.
How long does the court process take?
It varies. Some cases resolve in weeks if parents agree. If contested and a hearing is required, the process could take several months.
Can relocation be addressed in the original custody order?
Yes. Some custody agreements include relocation clauses—either setting limits or providing a process if a move is proposed later. We help negotiate and draft these terms when custody is first established.
Facing a Move or Relocation Dispute? We’re Here to Help
Whether you're trying to relocate or protect your time with your child, you don’t have to navigate the legal system alone. Our Bergen County relocation attorneys are ready to help you build a strong, compassionate case that puts your child’s well-being first.
Contact us today to discuss your situation. Let’s talk about your goals—and how we can help you get there.