“Child’s Best Interests” Now Considered by Courts

New Jersey Says Courts Must Consider Child’s Best Interests when Deciding Relocation

On August 8th, the New Jersey Supreme Court issued a decision sure to impact the outcome of many family law cases to come. In Bisbing v. Bisbing, the Court ruled that when deciding whether to allow a divorced parent to relocate with the child or children of the marriage, the court’s decision must focus on the best interests of the child.

This decision is monumental, as it reverses the standard that New Jersey courts have been applying for the past sixteen years.  Previously, courts would also consider the parents’ interests in the relocation, and ultimately hinged their decision on whether the child would be harmed by relocating with the moving parent.

The ruling requires that New Jersey courts consider those factors relevant to regular custody disputes and how they ultimately affect the child’s best interests. Parents seeking to relocate must prove that the proposed relocation is what is best for the child.

If you are looking to relocate with your child, or are seeking to prevent your child’s parent from relocating from the state with your child, call Petrelli Previtera Schimmel to set up a consultation and discuss your options and if relocating is in the best interest of your child.