Relocation

The New Jersey Supreme Court decision in Bisbing v. Bisbing changed the standard that courts apply when a parent seeks to relocate out of the state of New Jersey with a minor child. Previously, the custodial parent had to demonstrate: (1) a good faith reason for the move and (2) that the move "will not be inimical to the child's interests." This was considered favorable to parents seeking to relocate. In Bisbing, our Supreme Court replaced the standard with the "best interests of the child" standard. The change makes it more difficult for relocating parents to meet their legal burden: now instead of showing that the move would not be inimical the child's best interest, the parent must affirmatively prove that the move will be in the child's best interest.

Given this change in the law, parents looking to relocate with their children need to prepare a persuasive case that the move will promote the child’s best interests. This often involves an examination of the child’s social and educational development, along with an analysis of how they will maintain a relationship with the other parent. Given the complex and fact-sensitive nature of these cases, having knowledgeable and experience attorneys on your side is critical.

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