Family Law: Relocation by a Custodial Parent in New York and New Jersey

In determining whether the custodial parent can relocate with the parties’ child out of state, the courts will use the “Best Interests of the Child" standard. That being said, the parent’s needs and preferences are not a priority.

To determine the child's "Best Interests," the courts will consider a number of factors. In New York, Tropea v. Tropea, 87 N.Y.2d 727 (1996) is the controlling case for parental relocation. They include the following:

• Each parent’s reasons for seeking or objecting to the relocation;

• The quality of the relationship between the child and each parent;

• The extent to which the custodial parent’s and child’s lives will be enhanced financially, emotionally, and educationally by relocating;

• The impact of the move on the quantity and quality of the child’s future contact with the non-custodial parent; and

• The feasibility of preserving the relationship between the non-custodial parent and the child should the relocation be granted.

In New Jersey, Bisbing v. Bisbing, 230 N.J. 309, 166 A.3d 1155 (2017) is the controlling case for parental relocation. Here, the Court applied the same standard to all interstate relocation disputes under N.J.S.A. § 9:2-2 in which the parents share legal custody, cases in which one parent is designated as the parent of primary residence and the other is designated as the parent of alternate residence and cases in which custody is equally shared. In all such disputes, the trial court should decide whether there is cause under N.J.S.A. § 9:2-2 to authorize a child's relocation out of state by weighing the factors set forth in N.J.S.A. § 9:2-4, and other relevant considerations, and determining whether the relocation is in the child's best interests.

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