Child Relocation in New Jersey

When a custodial parent wants to move—whether for a job, family support, or a fresh start—New Jersey law requires careful consideration of how that move will affect the child and the other parent’s relationship with the child. At Musulin Groves & Greenfield, we represent parents seeking to relocate as well as parents opposing a proposed move.

What Does New Jersey Law Require?

A parent with primary physical custody generally cannot relocate with a child without either:

• The other parent’s written consent; or
• Court approval

If the other parent objects, the relocating parent must demonstrate that the move is in good faith and in the child’s best interests. Courts evaluate relocation requests based on a variety of factors including the reason for the move, the distance involved, the impact on parenting time and the child’s overall well-being.

What Factors Do Courts Consider?

New Jersey courts evaluate relocation requests based on factors related to the best interests of the child or children, including:

• 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 visitation that is not based upon substantiated abuse;
• The interactions and relationship of the child with its 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 preference of the child if the child is of sufficient age and capacity to reason so as to make an intelligent decision;
• The needs of the child;
• The stability of the home environment offered;
• The quality and continuity of the child’s education;
• The fitness of the parents;
• The geographical proximity of the parents’ homes;
• The extent and quality of the time spent with child prior to or subsequent to the separation;
• The parents’ employment responsibilities;
• The age and number of children.

No single factor is determinative. Courts weigh them together to reach a decision that serves the child’s best interests.

Seeking or Opposing a Relocation

Whether you want to move with your child or are trying to prevent a move, the stakes are high. If you are the relocating parent, we help you build a case showing the move serves your child’s best interests and that meaningful parenting time can be preserved. If you are opposing a relocation, we help you demonstrate how the move would disrupt your child’s stability and your relationship.

Relocation disputes can sometimes be resolved through negotiation or mediation, but many proceed to litigation. Our attorneys are prepared for either path.

Founding partner, Christopher Rade Musulin, Esq. has been a litigator and mediator for over 35 years. As a member of multiple bar associations and a Fellow of the American Academy of Matrimonial Lawyers (AAML), the gold-standard of family law professionalism, Chris can help you through the most challenging aspects of relocation issues.

Partners Christina M. Groves, Esq., and Kimberly A. Greenfield, Esq., bring the same dedication, tenacity and thorough preparation to every relocation matter.

Facing a Relocation Dispute?

Contact Musulin Groves & Greenfield, to discuss your options.

Call 609-267-0070 or contact us online.

We serve clients throughout Burlington County, Camden County, Gloucester County, and Mercer County—including Haddonfield, Medford, Moorestown, Mt. Laurel, Marlton, Shamong, Tabernacle, Pemberton, Maple Shade, Delran, Delanco, and Cinnaminson.