If your ex-spouse wants to move out of state with your children, you don't have to sit by and watch your visitation rights go out the window.

A recent NJ case, Bisbing v. Bisbing, 230 N.J. 309  (2017), makes it harder for parents to move out of state with children who enjoy a healthy and frequent visitation schedule with their other parent.

Under the new law, the burden of proof has changed and the parent who's moving needs to not only prove cause, but that the move will also be in the child's "best interests."

In order to prove a child's "best interests," the Bisbing court requires an analysis under the factors listed in N.J.S.A. 9:2-4. These are:

  1. the parents' ability to agree, communicate and cooperate in matters relating to the child;
  2. the parents' willingness to accept custody;
  3. any history of unwillingness to allow parenting time not based on substantiated abuse;
  4. the interaction and relationship of the child with its parents and siblings;
  5. the history of domestic violence, if any;
  6. the safety of the child and the safety of either parent from physical abuse by the other parent;
  7. the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision;
  8. the needs of the child;
  9. the stability of the home environment offered;
  10. the quality and continuity of the child's education;
  11. the fitness of the parents;
  12. the geographical proximity of the parents' homes;
  13. the extent and quality of the time spent with the child prior to or subsequent to the separation;
  14. the parents' employment responsibilities; and
  15. the age and number of the children. 

The NJ Supreme Court, in Bisbing, specifically stated that these factors can be supplemented by other factors, when appropriate.

If you currently enjoy visitation with your kids, and your ex-spouse is threatening to move out of state, you have rights to challenge such a relocation.

The Law Office of Robert J. Wittmann routinely handles such cases throughout Camden County, Burlington County and Gloucester County. Call us today  for a free consultation at 856-873-3730.

The materials on this website are provided for informational purposes only and do not constitute legal advice. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver.