May the primary residential parent move out of state with
the child?
It depends on the situation. The move may not be motivated
by vindictiveness and must be in the best interests of the child. Timely
notice, however, must be given tot he other parent. It's a good idea to consult
with an experienced family lawyer before you make a final decision to move. A
parent seeking to prevent the move may petition for a change of designation of
primary residential parent or ask the court to deny the child's relocation. The
factors the court must consider depend on whether the parents spend
substantially equal time with the child or whether the parent seeking to
relocate has the child for a greater proportion of the time.
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