Q: Hi. I have shared custody with my Ex. What are the relocations laws in Jersey?

A: There is no standard answer for your question. Since you are not in New Jersey, you should have a secure video conference with an experienced matrimonial attorney who can explain the process in detail to you. In each situation, child and Judge are variables that cannot be explained in a meaningful fashion in an online forum. Good luck.

A: The law in New Jersey has changed concerning relocation as a result of a recent NJ Supreme Court decision called Bisbing v. Bisbing, which now requires the same legal standard to be applied to a relocation request as applied to virtually all other claims involving children – the “best interest of the child” standard.

This change now places the custodial and noncustodial parents on more of an equal footing, where under the prior standard, a custodial parent had greater authority to relocate out of state even over the other parents objections.

For example, in the past, a custodial parent landing a good job in another state may have been reason enough for the court to approve that parent’s move with their child over the other parents objection. Now, the court must focus on the child and what is best for that child in determining whether to permit or deny the move when the other parent objects. While there is no hard and fast age at which the child's preference is dispositive, presume that once a child is in his / her teen years and has sufficient maturity, the court is supposed to give deference to his / her wishes. My suggestion is that your son talk with his dad about the move and sit down to try and work out a parenting time plan that will permit the other parent to maintain as much involvement as possible, looking at 3 day holiday weekends during the school year, holiday and school breaks and an extended summer time plan. Use the new schools calendar to assist you.

A: The standard in New Jersey is the best interests of the child. There are any number of things that could go into that analysis. If the other parent will not consent, then you need to file a motion to obtain a court order. The Court will take into account the child's preference at the age of 12 or 13. The Court does not have to follow what the child wants, but will consider it. You may also want to make a request that the Judge interview the child.

There are a number of factors that are situation specific and every family is unique. When you are ready to move you should consult with an experienced family law attorney who can give you specialized advice for your family situation. Many firms, including mine, offer free consultations.