Child removal/child relocation is a very active area in New Jersey family law.  Northern New Jersey (Hudson, Essex, Union, Morris County, etc) is one of the most expensive places to live in America and with that, people opt to move out of New Jersey with their children. However, a person cannot simply move out of state with a child if the other parent (non-custodial parent) does not agree. In order to move at that point, you need a court order approving relocation out of State. We can help you in these cases. Jersey City Family Law Attorney Santo Artusa and his team handle child relocation cases in Jersey City Family Court, Bergen County Family Court, Essex County family court and beyond.

When you face an issue concerning child relocation, you need to find a family law attorney right away. Relocation can change your life dramatically and you want to make sure you are working with an experienced family law attorney in your area to protect your rights so that depending on if you are trying  to leave or if you are fighting the relocation that a fair outcome can occur. We have handled many child relocation cases in New Jersey. The Artusa Law Firm is skilled in family law and divorce litigation in Hudson, Bergen, Essex, Union and Passaic Counties in New Jersey.

As a family law attorney, I often hear the following questions:


artusa-hoboken-minFamily law attorney Santo Artusa has seen the changes in the New Jersey Superior Family Courts over the years. The Jersey City Family Court is no different. Relocating outside of New Jersey with your child is no longer as easy as before. Jersey City-Hudson County Child Custody and Child Relocation Attorney Santo Artusa is experienced in bringing applications for custodial parents who seek to relocate out of the State of New Jersey and representing non-custodial parents who seek to defend against having a child relocate out of New Jersey. We have been successful in representing custodial parents and non-custodial parents in Jersey City, Elizabeth, Somerset, Hackensack and Newark, New Jersey who are fighting a child relocation case. While the world has become more connected through electronic applications, iphones, skype, google chat, and so forth, that does not mean that electronic communication can substitute for in person contact. The “average”  parent wants to see their child in person as often as possible. While new age communications help in certain ways it cannot replace seeing and hugging your child. Jersey City Family Law Attorney Santo Artusa knows how to win relocation cases throughout New Jersey. Aside from child relocation cases, we handle divorces, child custody, child support, father’s rights and other family law matters in Hudson County, Bergen County, Essex County and beyond.


Family Law Attorney Santo Artusa has been selected as a Super Lawyer

  • Have you received court papers that the mother or father of your child is seeking to relocate with your child outside of New Jersey? If so, contact us.
  • Has the custodial parent offered you a parenting plan if he or she is permitted to leave?
  • Are you seeking to move out of New Jersey with your child? We can help.

In order for a parent to relocate out of state with a New Jersey child, that parent needs a court order or permission from the non-custodial parent. In order to get a court order in a New Jersey Family Court, you would need to address many factors in order to prevail. The Artusa Law Firm can help you in your child relocation case in any county in New Jersey.

For example:

  • What is the reason for the move?
  • Is the move made in good faith?
  • What parenting schedule are you offering the non-custodial parent if you are permitted to move?
  • How will the move affect the other familial relationships that the child has now?
  • Depending on the age of the child, what is the child’s preference?
  • Are there similar extracurricular activities, doctors, medical access similar or better than those available now?
  • How do the schools compare in the proposed location?
  • Is the proposed area safe?
  • Is the child entering his or her senior year of high school?
  • Where and whom would the parent live with?

Each child relocation case is fact specific. Some clients who contest the move or seek the move, also hire doctors to testify that the move would be in the best interests of the child or that the move would not be detrimental to the child. How the case is handled will depend on how often the child see’s the non-custodial parent. If there is frequent contact and parenting time, it will be harder to have the move/relocation application to be granted because the best interests of the child standard would be used similar to a change in custody case. Whereas if the parenting time is occasional (every other weekend, etc), it is more the best interests of the custodial parent standard which is easier to prevail on. There is New Jersey case law on point with regard to shared parenting arrangements and seeking to move and traditional parenting schedules and seeking to relocate.


With the mobility of today’s society, child relocation cases are being brought to court more and more and the Hudson County Family Court is no different. We have been successful in New Jersey relocating and defending relocation cases without a hearing because we have been able to prove one side has not met their legal burden. Some cases require a full hearing and we are ready to do so as well. If you are trying to relocate, it is important to have a plan, have job interviews or even better a job lined up, show the cost of living in the new location, compare the schools, the quality of life and be mindful of the other parent. Showing that you are offering a parenting schedule for the child and non-custodial parent is a critical factor in the case. Not being flexible or even offering a plan can lead your case to be dismissed. If you have a child relocation case in Hudson County, New Jersey, contact our team on 201-706-7910 to discuss your case in full confidence with one of our Jersey City family law attorneys.


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