Child Relocation Standard Rewritten by NJ Supreme Court
In the recent child relocation court case of Bisbing vs. Bisbing, decided on August 8, 2017, the New Jersey Supreme Court overturned a 16-year-old precedent that was used to determine if primary custodial parents could relocate with their children to another state despite the alternate custodial parents’ objections. Prior to this new ruling, primary custodial parent could relocate with their children to another state as long as the move was made in good faith, not inimical to their relationship with the alternative custodial parent, and did not prove harmful for the children. The new ruling would require primary custodial parents to prove their case by showing cause with the analysis of 15 “best interest” factors for legal relocation to occur. Although most states have not adopted these new measures, the ruling in the case is a landmark decision that will upend child relocation arrangements between parents.
Child custody arrangements contribute to the stress and complications that divorce may bring to a family, but are vital in keeping children happy, safe, and secure. When figuring out what living arrangement works best for the children, many factors, including relocation logistics, must be considered, and ironed out before the divorce is final.
If you or someone you know has a question about child custody, contact our child custody lawyers in New Jersey at Lyons & Associates PC at 908-575-9777 or contact us online to schedule a consultation. We represent individuals with child custody issues throughout New Jersey, including those in Bedminster, Bridgewater, South Plainfield, Mendham, Somerville, Somerset, and Woodbridge.