Q: I’ plan on moving summer 2019. I’m claiming economic reasons for the relocation, NJ is to expensive.

A: In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent could relocate to another state with a child so long as the move was made in good faith and was not “inimical [harmful] to the child’s best interests.” In today’s Bisbing v. Bisbing ruling, it was established that trial judges should now simply determine whether a relocation would be in the “best interests” of the children involved. The standard adopted in Baures did not represent a lasting trend in the law.” In fact, the court found that there was no real progression in the law in New Jersey, no statute written after Baures that definitely recognized a custodial parent’s presumptive right to leave New Jersey with the children. the New Jersey Supreme Court ultimately ruled that courts in New Jersey must use the best-interests standard that is used in custody cases here in New Jersey when deciding relocation cases. And, just like in traditional custody cases, a parent must show the court changed circumstances to modify or amend a custody order or agreement that includes a provision about relocation. The factors, including the history of custody, the health of the parents and the current living situation of each parent, that the courts must look to when determining if the move is in the best interests of the child have long since been contained in New Jersey law at N.J.S.A. 9:2-2. Now, rather than those factors being used to determine only custody or parenting time, they will also be used to assess if a move out of New Jersey is in the best interests of the child who would be relocated out of the state and away from their other parent. It seems that this decision will now give more control to parents who are not primary custodial parents of their children when the other parent wishes to move because there is no longer a presumption in favor of the custodial parent. And, the assumption that the move will be beneficial to the children simply because it is beneficial to the parent has been abandoned. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

A: Thank you for your question. I know how worried you must be about the custody of your daughter and being able to relocate.

The short answer is possibly and you should immediately contact an experienced family law lawyer. New Jersey law regarding a custodial parent’s right to relocate from the State of New Jersey with a child has recently changed. The standard applied by the Court is whether the relocation of the child is in the best interests of the child. The court must apply several factors to determine the best interests of the child. The Court will consider the existing custody and parenting time order in deciding whether you can relocate. If your application is granted the Court will also determine an appropriate parenting time schedule for future visits between your daughter and her father to ensure that your daughter’s safety and best interests are protected at all times. Child support is a right that belongs to your daughter and cannot and is not impacted in any way by custody. She is entitled to support regardless of whether her father exercises parenting time. It is important to protect your interests and have an experienced family law lawyer advocate for your interests and ensure that both you and your daughter’s interests are protected.

I hope this information was helpful to you.

A: Thank you for your question.

Even though you don’t share legal custody with your child’s father, you must obtain his consent to move or file an application with the Court. In order to prevail on a relocation matter, you must show that the move is in the best interest of your son. Some factors that are considered when determining whether you can relocate with your son include the parties’ ability to agree, communicate and cooperate in matters relating to the child, the interaction and relationship of the child with his parents or siblings, the stability of the home environment, the geographical proximity of the parents’ home, etc. I suggest that you meet with an experienced family law attorney to discuss strategy for your matter. Relocation cases can be complex as Courts are reluctant to allow a custodial parent to move out of state; however, every case is different and depends on your supporting facts.

I hope this information was helpful to you.