Parental relocation refers to a situation in which a parent wants to move to a different city or state with their child from a previous relationship. Such a parent will typically have a child custody agreement with the child’s other parent that is an enforceable court order—often included in the divorce decree or in another court order for child custody and support obligations (in a suit affecting parent-child relationship or SAPCR).

The reasons a parent may want to relocate include a new job opportunity, educational opportunities, or to be closer to family members who are able to assist with raising the child. The other parent’s failure to meet child custody or visitation obligations may be cited as a factor in support of the parental relocation.

Child custody agreements and court orders typically include geographic restrictions on the parents’ travel with the children and on relocation of the parents’ residences—limiting relocation to a certain number of miles from the child’s school district or the parents’ residence at the time of divorce, for example. These restrictions are designed to ensure both parents will have frequent and continuing contact with the child.

Geographic restrictions can be changed by agreement of the parents or by court order if the spouse seeking to relocate files a motion to modify the child custody order. If the parents are not able to agree on relocation terms the court will generally make the decision on whether to permit or deny relocation based on what is in the best interests of the child.

In New Jersey, parental relocation with a child from a previous relationship is governed by state statutes and case law. When a parent with a child custody agreement wishes to move to a different city or state, they must adhere to the terms of the agreement, which is often part of a divorce decree or another court order. These agreements may include geographic restrictions to ensure that both parents maintain frequent and continuing contact with the child. If a parent wants to relocate for reasons such as employment, education, or family support, and the move would violate the geographic restrictions, they must seek a modification of the child custody order. This can be done by mutual agreement between the parents or by filing a motion with the court. If the parents cannot agree, the court will decide based on the best interests of the child. Factors such as the other parent's failure to meet custody or visitation obligations may be considered in the court's decision. The overarching principle in New Jersey is that the child's welfare is the paramount concern when deciding on relocation requests.