Central Jersey Legal Services is a nonprofit law firm that provides free legal assistance to low-income residents of Mercer, Middlesex, and Union Counties.

Central Jersey Legal Services is a nonprofit law firm that provides free legal assistance to low-income residents of Mercer, Middlesex, and Union Counties.

Moving out of State with your Child

by Lisa Black, Esq. | Sep 10, 2025 | Child custody and support, Family Law, Family Matters, Guardianship, Parental rights

Hardship Stay of Eviction: The Worst Named Law in Housing

It is generally in the best interest of the child to have consistent contact with both parents. However, when there is a change in the custodial parent’s employment, housing or other personal change that affects the non-custodial parent’s time with the child, the court will need to get involved if the parties cannot reach an agreement addressing the non-custodial parent’s parenting time with the child.

How do you deal with a custody plan when you want to relocate with the child a substantial distance from the other (non-custodial) parent? Absent an agreement between the parties, the court’s intervention is needed. Whether your custody arrangement is the result of a divorce or other court order, if you want to relocate with your child either within the state, out of state, or out of the country, you will need a court order to do so if an agreement cannot be reached with the other parent.

In a relocation action, the court will consider whether there is a good faith reason to move and most importantly whether the move is in the child’s best interest. The court will consider a number of factors including: whether it is to advance the moving party’s education or career; the proximity to extended family; cost of living; quality of school/extra-curricular activities for the child at the new location; preference expressed by the child, if the child is of an appropriate age to voice their opinion; and the proposed visitation plan with the alternate parent (including transportation for those visits), and whether it will continue to foster the child’s relationship with the non-custodial parent. Other factors the court may consider are whether there is any malicious intent by the moving party, how well the parties are able to communicate with each other, if there is a history of domestic violence between the parties, and whether the non-custodial parent is able to assume custody and if so, has a proposed parenting time plan to offer to the other parent. The court will hold a hearing to consider testimony and evidence that is relevant to evaluating these factors.

Until the court evaluates the factors listed above and enters an order, the custodial parent will not be permitted to leave with the child. Therefore, it is important to file the appropriate application with ample time for the matter to be heard and decided by the court. It can take several months for a relocation application to be heard and decided.

Parents can either file a relocation motion pro se (without an attorney) using the forms found at www.njcourts.gov or contact the local Legal Services office to see if you qualify for legal assistance. The Legal Services offices in New Jersey are:

Central Jersey Legal Services (with offices in Middlesex, Mercer and Union County)

Main phone number – (732) 249-7600

Essex-Newark Legal Services (office in Newark)

Main phone number – (973) 824-3000

Legal Services of Northwest Jersey (with offices in Somerset, Hunterdon, Warren, Morris and Sussex County)

Main phone number – (908) 231-0840

Northeast New Jersey Legal Services (with offices in Hudson, Bergen and Passaic County).

Main phone number – (201) 792-6363

South Jersey Legal Services (with offices in Camden, Atlantic, Burlington, Cape May, Cumberland, Gloucester, Monmouth, Ocean, and Salem County).

Main phone number – 1-800-496-4570

Please contact Central Jersey Legal Services if you need assistance or have questions regarding a relocation application.

Follow Us

Apply now for Legal Help at Central jersey Legal Service.

Recent Posts

Responding to a Credit Card Debt Lawsuit

Responding to a Credit Card Debt Lawsuit 回應信用卡債務訴訟

您是否曾因為收到債權人的訴訟文件,不知道該如何回應或沒有在時限內回應,而導致薪水被扣留,銀行賬戶被徵用或您的資產被設定留置權?  本文讓您了解您有什麼選擇以及如何與收債人談判。 忽視信用卡債務訴訟可能會導致嚴重的財務後果。一旦您收到“起訴書”(Complaint),您有 35...

read more...
Comments Box SVG iconsUsed for the like, share, comment, and reaction icons

Facebook Posts

Central Jersey Legal Services congratulates Leslie Chappo, Esq., on receiving the Mercer County Bar Association's Harry P. O'Malley Award. Leslie’s dedication to equal access to justice and advocacy for people who might otherwise go without legal representation has touched countless lives. Congratulations on this well-deserved honor!

Pictured: Leslie Chappo, Esq., with CJLS Deputy Director Dan Rubin, Esq.

#CentralJerseyLegalServices #CJLS #LeslieChappo #HarryPOMalleyAward #AccessToJustice #EqualJustice #LegalAid #MercerCountyBarAssociation #CommunityAdvocacy
... See MoreSee Less

Central Jersey Legal Services congratulates Leslie Chappo, Esq., on receiving the Mercer County Bar Associations Harry P. OMalley Award. Leslie’s dedication to equal access to justice and advocacy for people who might otherwise go without legal representation has touched countless lives. Congratulations on this well-deserved honor!

Pictured: Leslie Chappo, Esq., with CJLS Deputy Director Dan Rubin, Esq.

#CentralJerseyLegalServices #CJLS #LeslieChappo #HarryPOMalleyAward #AccessToJustice #EqualJustice #LegalAid #MercerCountyBarAssociation #CommunityAdvocacy

3 CommentsComment on Facebook

Leslie, congratulations! You deserve to be honored for all of your hard work throughout your career and the difference you have made in the lives of your clients

Well deserved Leslie.

Congrats to Leslie on this well-deserved honor!

Central Jersey Legal Services was proud to participate in the 2026 Senior Health & Fitness Walk on Wednesday, September 23, hosted by the Middlesex County Office of Aging & Disabled Services. Staff attorney Jose Roman shared elder law information and helped attendees learn about the free legal services CJLS offers to older adults and people with disabilities in our community.

#CentralJerseyLegalServices #CJLS #SeniorHealthAndFitnessWalk #ElderLaw #LegalAid #OlderAdults #DisabilityServices #MiddlesexCountyNJ
... See MoreSee Less

Central Jersey Legal Services was proud to participate in the 2026 Senior Health & Fitness Walk on Wednesday, September 23, hosted by the Middlesex County Office of Aging & Disabled Services. Staff attorney Jose Roman shared elder law information and helped attendees learn about the free legal services CJLS offers to older adults and people with disabilities in our community.

#CentralJerseyLegalServices #CJLS #SeniorHealthAndFitnessWalk #ElderLaw #LegalAid #OlderAdults #DisabilityServices #MiddlesexCountyNJ
Load more

Related Posts:

Connect with a Larger Community

CJLS provides a variety employment prospects for both legal and non-legal professionals.

Acquire meaningful experience while providing quality services to CJLS clients.

Help CJLS provide equal access to justice for low-income families.

Check out our Newsletter and stay informed on how CJLS is helping your community.