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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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When a custiodal parent wants to move a minor child out of

Customer Question

When a custiodal parent wants to move a minor child out of state and approximetly 500 miles away from the non custiodal parent do they need to become the sole legal and physical custody before they can do so?
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

That is generally not necessary. Here is why:

A custodial parent has the right and the ability to move with the child UNLESS the custodial agreement states otherwise. If in the custodial agreement there is a limitation on movement, or if one of the parents has to consent to the move, then the moving parent must retain such consent in written form. If the other person is still refusing to provide consent, the custodial parent is free to petition the court for a hearing and request that the courts review the move. There the judge, should he agree with the move, can essentially override the other parent's lack of consent and permit the move to take place anyway. There is no requirement that sole custody be with the moving parent.

Good luck.