Relocating with your child after a child custody order is in place can be difficult because New Jersey state law requires that both parents consent to moving the child out of the state. If the parents cannot agree, relocation agreement is developed by working with a judge in family court.

In New Jersey, the court weighs several factors when considering a move-away request, including the reason for the move, the reasons against the move, other family members who will live near the new home and the wellbeing of the child in the potential new home.

Another important goal of the family court in relocation cases is protecting the rights of non-custodial parents, who might lose time with their children if the relocation is allowed to take place. Ultimately, the parent who wishes to relocate the child has the burden of showing the court why the relocation should be allowed.