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Can a custodial parent move out of state with their child?

A custodial parent can relocate with their child only if they have the consent of the non-custodial parent. If a non-custodial parent denies consent of the relocation, the custodial parent may file an application seeking a court order to move out of state.

Because removing a child from their home state may adversely affect custody and visitation rights of the non-custodial parent, the court requires the relocating spouse to show why the move should be allowed. The custodial parent must be able to show the court that the reason for relocation is in good faith, the move would not infringe the non-custodial parent’s visitation rights, and that it would be in the best interest of the child to relocate with the custodial parent.

The court also considers a number of other factors before granting permission for the move including:
·    The reason for the move
·    Whether or not visitation and communication can be maintained between the non-custodial parent and the child
·    The previous history of all parties
·    The effect the move would have on extended family relationships
·    The child’s age and preference
·    Any factor bearing on the best interest of the child

In most cases, the courts grant relocation motions. However, the relocating spouse must ensure that the non-custodial parent continue to have adequate visitation rights. If the court denies the relocation motion, the custodial parent is not permitted to move unless all parties give consent.

Please contact us to speak with a qualified and experienced divorce attorney who can inform you of your legal options in your state and protect your rights.

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