Parent Relocation

Parent Relocation covers cases in which a parent wants to move out of the State of New Jersey with the minor children, leaving the other parent behind in New Jersey. These cases usually arise when a parent finds a new “significant other” who lives in another state, wants to take a new job out of state or has another reason for wishing to move out of the state with the children. New Jersey law regarding parent relocation has changed a great deal over the years, coming up with new “tests” for relocation cases each time. The last change took place in August, 2017 in a New Jersey Supreme Court case called Bisbing v. Bisbing. In that case, the Court decided that the same test for custody (the “best interests of the child” test) should apply when a parent seeks to move out of the State of New Jersey with the children. Unless the parties’ Final Judgment of Divorce or Marital Settlement Agreement says otherwise, the parent seeking to move with the children must make an application to the Court for permission to move based upon the best interests of the children. Capehart Scatchard’s Family Lawyers have handled many parent relocation cases over the years on behalf of parents seeking to relocate and on behalf of parents opposing such a request. They are well versed in the law and the steps which must be taken in both requesting a move to relocate and opposing a move to relocate. If parent relocation is granted, Capehart’s attorneys can represent you for purposes of modifying the parenting plan and possibly child support obligations. We also help clients work out the details of holidays, summer vacation, travel expenses and other considerations which come into play when a parent relocates.