Q: Can my daughter's mother move her across the country without my consent?

A: Hi and thanks for your question. Sorry to hear you have been struggling with your child's other parent. Although this is not uncommon, it certainly can be difficult for anyone to go through. I'll try to answer you as specifically as I can, but please know that you should consider a consultation where you would be asked for a bit more information such as when your agreement was signed, what it says specifically with regard to custody and how your parenting time is structured. Of course, do not give too much personal information here.

With regard to relocation, the law in New Jersey just changed a bit recently because of the Bisbing case. In that case, the NJ Supreme Court ruled that any request to move with a child out of NJ must be in the child's best interests if the parents share joint legal custody (or joint physical custody). It used to be that the parent looking to move only had to show that it was not harmful to the child. So, the standard got a little tougher for the parent wanting to leave New Jersey.

The court will look at what is in the best interests of your daughter. And, your ex has to show that moving across the country, and away from her father, is indeed in her best interests. She is incorrect when she tells you that you have no say in the matter. In fact, she is NOT permitted to leave NJ without either your permission or the permission of the court. If she files a motion for permission to relocate, talk to an attorney for sure.

I cannot guarantee you that a court won't eventually let her move. If that is the case, you must insist that you have substantial parenting time with her, such as the entire summer and all holidays. Again, consider at least a consult with a family law attorney. Many, like our firm, offer free consultations. Wishing you luck. Regards, Bari.