Introduction

When unmarried parents separate, determining custody arrangements becomes a critical concern, particularly when one parent wishes to relocate out of state with the children. In Bergen County, New Jersey, these cases are handled by the Family Division (FD) Court, which follows specific legal frameworks that differ in important ways from those applied to divorced couples. This article explores the legal landscape, challenges, and considerations for unmarried parents navigating relocation disputes in Bergen County, with a focus on New Jersey’s evolving approach to these complex family matters.

Understanding FD Dockets vs. FM Dockets in New Jersey

In New Jersey’s court system, family matters follow different “dockets” based on the relationship status of the parties involved:

• FM Docket: For married couples who are divorcing or have divorced
• FD Docket: For unmarried couples with children, including paternity, custody, parenting time, and support matters

For unmarried parents in Bergen County, relocation disputes fall under the FD docket. While the fundamental legal principles may be similar across both dockets, procedural requirements, available resources, and occasionally the substantive standards applied can differ significantly.

Legal Framework for Relocation Cases in New Jersey

Evolution of Relocation Law in New Jersey

New Jersey’s approach to relocation has undergone significant transformation over the years. Understanding this evolution provides important context for unmarried parents seeking to relocate or prevent a relocation.

The Baures Standard (2001-2017)

For many years, New Jersey followed the framework established in Baures v. Lewis (2001), which created a two-pronged test:

1. The parent seeking to move needed to show a good-faith reason for the move
2. The move would not be inimical (harmful) to the child’s interests

Under this standard, if the custodial parent demonstrated these elements, courts generally permitted relocation.

The Bisbing Revolution (2017-Present)

In 2017, the landmark case Bisbing v. Bisbing fundamentally changed the landscape. The New Jersey Supreme Court abandoned the Baures test in favor of a “best interests of the child” standard for all relocation cases. This change significantly increased the burden on parents seeking to relocate, as they must now demonstrate that the move serves the child’s best interests rather than simply showing a good-faith reason.

Current Legal Standard: Best Interests Analysis

Under the current framework, Bergen County FD Courts evaluate relocation requests by applying the best interests factors outlined in N.J.S.A. 9:2-4, including:

• The parents’ ability to agree, communicate, and cooperate regarding the child
• The parents’ willingness to accept custody and any history of unwillingness to allow parenting time
• The interaction and relationship of the child with parents and siblings
• Any history of domestic violence
• The safety of the child and either parent from physical abuse by the other parent
• The preference of the child when of sufficient age and capacity
• The needs of the child
• The stability of the home environment offered
• The quality and continuity of the child’s education
• The fitness of the parents
• The geographical proximity of the parents’ homes
• The extent and quality of time spent with the child prior to or subsequent to the separation
• The parents’ employment responsibilities
• The age and number of the children

Unique Considerations for Unmarried Parents in Bergen County

Establishing Legal Parentage

For unmarried fathers, a critical first step before addressing relocation is establishing legal paternity. Without legal recognition of paternity, fathers lack standing to contest relocation. In Bergen County, this typically involves:

1. Voluntary Acknowledgment of Paternity (VAP): Often completed at the hospital at birth
2. Genetic Testing: Court-ordered DNA testing to establish biological connection
3. Paternity Judgment: A court order legally establishing the father-child relationship

Only after legal paternity is established can a father effectively contest a mother’s proposed relocation or seek permission to relocate himself.

Custody Determination for Unmarried Parents

Unlike divorced couples who typically have court orders detailing custody arrangements, unmarried parents may lack formal custody determinations. In New Jersey, absent a court order:

• The mother of a child born out of wedlock is presumed to have primary custody
• This presumption can be overcome once paternity is established and a custody order is entered

When facing relocation issues, unmarried parents without existing custody orders must simultaneously address both custody determination and relocation standards. Bergen County FD Court will first need to establish a custody arrangement before applying the relocation standards.

The Process of Relocation Cases in Bergen County FD Court

Filing the Appropriate Application

The procedural pathway for relocation disputes differs based on which parent seeks to relocate:

For the Parent Seeking to Relocate:

1. File an FD application for permission to relocate with the Bergen County Family Division
2. Include a proposed parenting time schedule accounting for the distance
3. Provide specific details about the proposed new location, including housing, schools, employment, and proximity to support systems

For the Parent Opposing Relocation:

1. File an FD application for restraints against relocation
2. In emergent situations, file for temporary restraints to prevent imminent relocation
3. Provide evidence showing how relocation would harm the child’s best interests

Court Proceedings in Bergen County

Relocation cases typically progress through several phases in Bergen County’s FD Court:

1. Initial Hearing: The court reviews the applications and may issue temporary orders preventing relocation until a full hearing
2. Case Management Conference: The judge establishes a discovery schedule and potentially appoints experts
3. Mediation: Mandatory in Bergen County for most custody/relocation disputes
4. Custody/Parenting Time Evaluation: In contested cases, the court may order an evaluation by a qualified mental health professional
5. Plenary Hearing: For unresolved cases, a trial-like proceeding where both parties present evidence and testimony
6. Decision: The judge issues an order either permitting or denying relocation

Evidence Critical to Relocation Cases

Successful navigation of relocation disputes requires comprehensive evidence addressing the best interests factors. Key evidence often includes:

• Educational records and information about proposed new schools
• Employment offers or financial improvements associated with the move
• Housing information demonstrating stability in the new location
• Evidence of support systems in the proposed location
• Proposed communication and visitation plans to maintain the relationship with the non-relocating parent
• Expert testimony regarding the psychological impact of relocation on the child
• Information about the child’s special needs or requirements that may be affected by relocation

Strategic Considerations for Unmarried Parents

For the Parent Seeking to Relocate

Unmarried parents seeking to relocate from Bergen County should:

1. Develop a comprehensive plan addressing all aspects of the child’s life in the new location
2. Propose a realistic parenting time schedule that maintains meaningful contact with the other parent
3. Document compelling reasons for the move beyond personal preference
4. Maintain cooperative communication with the other parent throughout the process
5. Consider the timing of the request relative to the school year and other significant events in the child’s life
6. Prepare evidence demonstrating how the child’s life will be improved by the relocation

For the Parent Opposing Relocation

Parents seeking to prevent relocation should:

1. Document active involvement in the child’s life and regular exercise of parenting time
2. Analyze the proposed relocation plan for potential negative impacts on the child
3. Gather evidence of the child’s connections to the current community, including school, activities, healthcare providers, and extended family
4. Consider proposing alternative arrangements that might address the relocating parent’s underlying needs without moving
5. Emphasize stability factors and potential disruption to the child’s routine and relationships
6. Demonstrate willingness to accommodate reasonable modifications to existing arrangements that don’t involve relocation

Technological Accommodations in Modern Relocation Cases

Bergen County courts increasingly recognize the role technology plays in maintaining parent-child relationships across distances. Successful relocation plans often incorporate:

• Virtual Visitation Schedules: Regular video calls between the child and non-relocating parent
• Co-Parenting Applications: Digital tools for communication, scheduling, and information sharing
• Online Access to Records: Ensuring both parents maintain access to educational and medical information
• Transportation Arrangements: Detailed plans for physical visitation, including responsibility for associated costs

Financial Implications of Relocation

Relocation cases often have significant financial dimensions, including:

Child Support Adjustments

When a parent relocates with a child, the Bergen County FD Court may need to recalculate child support based on:

• Changed parenting time arrangements
• Cost of living differences between locations
• Transportation costs for visitation
• New employment circumstances for either parent

Travel Expenses

Courts typically address allocation of travel costs for visitation, considering:

• The relative financial resources of each parent
• Which parent initiated the relocation
• The distance involved and associated costs
• The frequency of proposed in-person visits

Recent Developments and Trends in New Jersey Relocation Law

Virtual Hearing Procedures

Since 2020, Bergen County Family Court has increasingly utilized virtual hearings for relocation cases. This development has made the court process more accessible for parents who may already be living in different locations.

Emphasis on Co-Parenting Communication

Recent decisions from New Jersey appellate courts have placed increased emphasis on parents’ ability to communicate effectively across distances as a factor in relocation decisions.

Greater Scrutiny of Economic Necessity

While improving financial circumstances remains a valid consideration in relocation requests, Bergen County judges typically require substantial evidence that such improvements cannot be achieved locally.

Strategies for Resolving Relocation Disputes Outside of Court

Mediation Benefits

Bergen County strongly encourages mediation for relocation disputes. Benefits include:

• More creative solutions tailored to the family’s specific circumstances
• Reduced financial and emotional costs compared to litigation
• Greater compliance with agreements parents help design
• Faster resolution than court proceedings
• Preserved co-parenting relationship

Collaborative Law Approach

Some unmarried parents in Bergen County utilize the collaborative law process, where:

• Each parent retains a collaboratively-trained attorney
• All parties commit to resolving the matter without court intervention
• Child specialists and financial professionals join the team as needed
• The focus remains on the best interests of the children while addressing both parents’ concerns

Conclusion

Navigating relocation cases as an unmarried parent in Bergen County’s FD Court presents unique challenges that require careful preparation, strategic thinking, and a focus on the child’s best interests. The shift from the Baures standard to the best interests analysis has significantly changed the landscape for parents seeking to relocate with children.

Successful resolution of these complex cases typically depends on thorough documentation, realistic proposals for maintaining parent-child relationships across distance, and a willingness to consider creative solutions. While Bergen County courts recognize that family circumstances change and sometimes necessitate relocation, the paramount consideration remains the welfare of the children involved.

For unmarried parents facing potential relocation situations, early consultation with an attorney experienced in Bergen County FD matters is essential to understand the specific procedural requirements, evidentiary standards, and strategic considerations that will shape the outcome of their case.