For confidential legal guidance on your child custody relocation matter, Request A Consultation Today.TLDR: Child Relocation Requests
If you’re thinking about moving with your child after divorce or separation, today’s courts weigh more than just geography. Remote work and virtual visitation can play a role in custody relocation cases, but the main focus remains your child’s best interests — their stability, relationships, and emotional well-being. To strengthen your case, be prepared with detailed evidence of your work flexibility, a realistic virtual parenting plan, and clear benefits for your child’s life in the new location.
The rise of remote work and virtual communication has changed nearly every aspect of family life — including how courts view child custody relocation requests. As Bari Weinberger explains in her recent article, “Relocation Disputes in the Digital Age: How Remote Work and Virtual Parenting Are Redefining Child Custody Decisions,” judges today must balance traditional custody principles with the realities of a world where parents and children can stay connected through FaceTime, Zoom, and remote work brings new flexibility to parent work schedules.
Still, while technology has made long-distance parenting easier than ever, relocation cases remain complex — and the courts’ guiding question hasn’t changed: What arrangement best serves the child’s best interests?
If you’re considering or opposing a move-away request, here are 6 key tips to help you prepare.
1. Understand the “Best Interests of the Child” Standard
Since the New Jersey Supreme Court’s decision in Bisbing v. Bisbing (2017), every relocation case in our state requires a best interests analysis. That means no parent — even one who has been the child’s primary caretaker — is automatically granted permission to relocate.
Courts weigh factors such as:
- Each parent’s ability to communicate and cooperate.
- The strength of the child’s relationship with each parent.
- The child’s educational, emotional, and developmental needs.
While remote work and virtual visitation may influence a judge’s decision, they don’t override the core requirement that the move must benefit the child — not just the relocating parent.
2. Document Your Remote Work Arrangements
Remote employment has become a major factor in relocation disputes. Courts now look closely at how flexible and reliable a parent’s work schedule really is.
In the 2024 New Jersey case CDVD v. BLK, for example, a father’s remote work schedule helped him win primary residential custody when the mother sought to move to Portugal. The judge noted that his remote work gave him “sufficient flexibility” to meet the child’s daily needs.
Tip: If you plan to rely on remote work in your case, provide documentation — such as work calendars, emails, or a letter from your employer — that confirms your schedule, remote status, and ability to balance parenting duties.
3. Present a Detailed Virtual Visitation Plan
Technology has made long-distance parenting more feasible, but courts expect detailed, realistic parenting plans — not vague promises to “stay in touch online.”
A strong virtual visitation plan should include:
- Scheduled video calls and digital check-ins.
- Plans for online activities such as reading together or homework help.
- In-person parenting time during school breaks, holidays, or extended vacations.
- Clear cost-sharing arrangements for travel and technology expenses.
As Weinberger notes, judges often look more favorably on relocation requests when parents already use technology effectively to co-parent.
4. Show That the Move Truly Benefits the Child
Even in our digital era, the child’s stability, schooling, and emotional well-being remain the court’s top priorities.
In KK v. LK (2024), a mother’s relocation to California was approved because she was the children’s primary caretaker and the move would provide a stable home environment. The father’s inability to work remotely and his long work hours outside the home factored into the decision — as did the court’s finding that virtual visitation could preserve his bond with the children.
Tip: When seeking a move, demonstrate concrete benefits for your child — such as access to better schools, stronger family support, or a safer neighborhood — and show how you’ll maintain consistent contact with the other parent.
5. However, Don’t Assume Virtual Contact Can Replace Physical Presence
While courts increasingly recognize video calls as a form of parenting time, they still view in-person contact as vital to a child’s emotional development. Judges are cautious about approving relocations that could significantly reduce face-to-face parenting time, especially for younger children.
As Weinberger writes, “Technology has expanded what it means to ‘be there’ for a child, but daily involvement and physical presence still carry weight when determining what’s best for a child.”
Tip: If you’re opposing a relocation, focus on how reduced in-person time might affect your child’s sense of stability, routine, and connection. Ask for larger chunks of in-person parenting time, such as school vacations.
6. Seek Legal Guidance Early
Move-away cases are among the most difficult custody matters to resolve — and the growing role of technology only adds more complexity. An experienced family law attorney can help you gather the right evidence, present a detailed parenting plan, and understand how recent case law and digital factors might affect your outcome.
If you are facing a relocation or move-away custody dispute, our experienced New Jersey family law attorneys can help you understand your rights, prepare a strong case, and protect your child’s best interests. Every family’s situation is unique, and we’re here to guide you through the process with clarity, strategy, and compassion.
Contact us today to schedule your confidential consultation and get the trusted legal guidance you need to protect your relationship with your kids.
Child Custody Relocation Requests FAQs
What is a child relocation or move-away case in New Jersey?
A relocation case arises when a parent wants to move with their child to a new location — either out of state or far enough within New Jersey to affect the current custody arrangement. The other parent may object to the move, requiring the court to decide whether relocation is in the child’s best interests.
How do New Jersey courts decide relocation or move-away cases?
Since the 2017 Bisbing v. Bisbing decision, all relocation cases in New Jersey are decided based on the child’s best interests, not on which parent is the primary caretaker. Judges consider factors such as the parents’ ability to communicate, the child’s relationship with each parent, the stability of each home, and how the move would affect the child’s emotional and educational well-being.
Can remote work or virtual visitation help a parent’s relocation request?
Yes — but only as part of a larger best interests analysis. Courts may consider whether a parent’s remote work schedule allows for more flexibility and whether video calls or virtual contact can help maintain a strong parent–child bond. However, these factors do not automatically justify relocation. Judges still prioritize the child’s stability and in-person connection with both parents.
What kind of evidence should a parent present in a relocation case?
Parents should be ready to present detailed evidence about their work schedule, proposed living arrangements, educational and community benefits for the child, and a clear parenting plan that includes in-person and virtual visitation. Documentation showing a proven track record of remote work or a realistic plan for maintaining contact between the child and the other parent is especially helpful.
Can a parent move with a child before the court makes a decision?
Generally, no. A parent cannot relocate a child out of New Jersey — or to a distant location within the state that would significantly interfere with parenting time — without either the other parent’s consent or a court order. Doing so without permission can result in serious legal consequences.
Does the child’s age matter in relocation cases?
Yes. Courts often give greater weight to the preferences and adaptability of older children, particularly teenagers, who may be better able to maintain virtual contact with the non-moving parent. For younger children, who rely more on daily in-person contact, courts tend to be more cautious about approving moves that would limit regular face-to-face time.
Do I need an attorney for a relocation or custody dispute?
Because relocation cases involve complex laws, emotional factors, and detailed evidence, it’s strongly recommended that you work with an experienced New Jersey family law attorney. A knowledgeable lawyer can help you build your case, prepare parenting plans, and advocate for what’s truly in your child’s best interests.