Relocation After Divorce: What New Jersey Parents Need to Know

Moving is common after divorce or splitting up with a partner, with one or both parties on the hunt for a new house or apartment to start the next chapter of their lives.

But what happens when moving doesn’t mean relocating to a new neighborhood but somewhere further?

While New Jersey laws recognize that parents today might need to consider relocation for various reasons, the law prioritizes the stability and well-being of the child over all other factors.

Because of this priority, the state requires that parents adhere to specific legal processes when moves are in question, especially when it could significantly affect existing custody and parenting time agreements.

Understanding relocation laws for parents in New Jersey

Like other aspects of parenting time and child custody laws, New Jersey’s stance on parental relocation hinges on the question of what is in the child’s best interest.

Courts used to grant the parent with primary custody more freedom to move, but now, they strongly focus on the impact of relocation on the entire family. This means considering factors like how the move will affect the child’s relationship with the non-relocating parent.

Additionally, the courts recognize that a move, especially one that disrupts parenting time, can complicate established routines and emotional bonds. As a result, parents must demonstrate how the relocation aligns with the child’s best interests.

What constitutes a relocation under New Jersey law?

It might seem like a relocation request only applies if you’re moving out of state, but in New Jersey, any move that disrupts the current custody or parenting time schedule might require court approval. Even moving to a different part of the state may count as relocation if it significantly impacts current arrangements.

For example, moving from Morris County to South Jersey—a roughly two-hour distance—could disrupt a child’s visitation schedule and school commitments, ultimately requiring legal approval.

If you’re moving across state lines, the process can be even more challenging, with the added challenge of following family law standards across states. This is because New Jersey courts may need to coordinate with other states under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to resolve potential custody-related disputes if they arise.

Legal requirements for relocating with a child after divorce

If a significant move is on your horizon, you can minimize legal issues by being proactive. New Jersey requires that parents either:

File a consent order, if they can come to an agreement on the terms of relocation and modification of the existing child custody and parenting time plan. Typically, this looks like working with a mediator and/or attorneys to create a new custody agreement. Once this is complete, it is submitted to the court, which typically approves these plans.
File a relocation petition, if they cannot agree on the terms of the move. If co-parent cannot agree, the courts will step in to help come to a resolution. They’ll look at various factors in these situations as they consider the relocation request.

Each family’s circumstances are different, so it’s vital to work closely with an attorney to explore options for handling a potential relocation. They can provide guidance on how to approach conversations with your co-parent, address complex issues, and take the necessary next steps.

What does the court consider in relocation requests

When deciding on relocation, courts look at several factors, with the primary objective of ensuring your child’s well-being. Here are some of their primary considerations:

Relationship with the other parent

New Jersey family law views relationships between both parents as important; one parent generally does not have priority over the other.

As such, courts will examine how relocation might affect the child’s ability to maintain a meaningful relationship with the non-relocating parent. If an upcoming move disrupts regular visitation schedules or bonding opportunities, the courts may weigh this against approval unless alternative arrangements are feasible.

Educational opportunities

Education is a core part of childhood, and as children age, they become more enmeshed in this environment.

The court will compare the quality of schools and educational resources in the new location versus the current one. Parents must demonstrate that the move will not adversely affect the child’s academic development.

Note that “educational opportunities” isn’t always just school. It could be extracurricular activities, such as sports teams, creative groups, or other outlets for childhood development.

Special accommodations or health needs

Health, whether physical or emotional, is central to any discussions about what’s in a child’s best interest. If the child has specific medical or emotional needs, the court will assess whether the new location can offer comparable care, specialists, or support systems.

Relationships with extended family members

Whether an attentive grandparent who helps with afterschool care or a network for beloved aunts and uncles, extended family can provide vital emotional and practical support for both parents and children. If the relocation could lead to isolation from family members, this could be a factor in the court’s decision.

Preferences of the child

If the child is mature enough, the court may consider their preference. While the child’s wishes are not determinative, they can affect the overall decision-making process. Note that there is not a specific age at which the court considers a child “mature enough”—rather, it is on a case-by-case basis.

How to request permission to relocate in New Jersey

Many parents find that working collaboratively can lead to the best outcomes for everyone when facing the possibility of relocation. Mediation or negotiated agreements can offer a practical and less contentious path to revised parenting plans, helping to keep decisions focused on the child’s needs while reducing stress and conflict.

However, in cases where an agreement isn’t possible or parents face complex issues, court intervention may be necessary. Here are the steps for requesting court approval:

Filing a motion

The relocating parent files a motion with the court, asking for permission to move. It should include details like:

The specific reasons for the move (e.g., employment opportunities, family support)
A proposed revised parenting plan that accommodates the new distance
Information on how the move will benefit the child’s overall wellbeing

Providing evidence

Supporting documentation, such as job offers, school comparisons, or expert testimony (e.g., psychologists or educational consultants), may strengthen your case.

Attending a hearing

If your co-parent contests the move, the court will hold a hearing to evaluate the request. Each side will present their arguments, and the judge will issue a decision based on the child’s best interests.

Consult with an experienced family law attorney

At Dughi, Hewit & Domalewski, our family law team is focused on empowering clients through the complexities of post-divorce relocation and child custody. We know the stakes are high and are committed to supporting you as you navigate relocation.

Contact Us Today!