New Jersey
Can I move out of New Jersey with my child?
Quick answer
Under N.J.S.A. 9:2-2, when the Superior Court has jurisdiction over the custody of children of parents who are divorced, separated or living separate, and the children are natives of New Jersey or have lived here five years, they may not be removed from the state without the consent of both parents (and their own consent, if of suitable age), unless the court, upon cause shown, orders otherwise.
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026
The standard
In Bisbing v. Bisbing, 230 N.J. 309 (2017), the Supreme Court held that in all contested relocation disputes in which the parents share legal custody, cause under N.J.S.A. 9:2-2 is decided by a best interests analysis, considering the relevant factors in N.J.S.A. 9:2-4(c) and others as appropriate. Where the custody arrangement was agreed and incorporated in a judgment, the parent seeking to move must also show changed circumstances.
How to ask
In FD cases, the Application/Cross Application to Modify a Court Order (CN 11487) has an item for requesting or opposing an out-of-state move. In FM cases, the post-judgment motion packet (CN 10483) covers relocation motions. The Judiciary’s emergent hearing form lists temporary prevention of a child’s relocation outside New Jersey as an example of an issue for an order to show cause.
Tools and resources
Where to check this
Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.
This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.