The California statute governing this issue is Family Code Section 7501. Section 7501 states:
(a) A parent entitled to the custody of a child has a right
to change the residence of the child, subject to the power of the
court to restrain a removal that would prejudice the rights or
welfare of the child.
(b) It is the intent of the Legislature to affirm the decision in
In re Marriage of Burgess (1996) 13 Cal.4th 25, and to declare that
ruling to be the public policy and law of this state.
As to the Burgess case, it contains the same language that was codified in 7501, that being that the custodial parent has the right to move so long as the move does not "prejudice the rights or welfare of the child."
So the question here is whether her move will effect the welfare of the child and the contact with you. I would suggest that this is a close call. If the move were just a bit shorter, perhaps only 30 miles or so, it would seem highly probable that the move would be permitted. Conversely, if the move were a bit longer, perhaps 2 hours away, it would seem highly probable that the move would not be permitted. With the distance at issue here, it would be all but impossible to state with any certainty whether the move would be permitted.
If the two of you cannot reach an agreement as to the move, it will ultimately be at the court's discretion. In that event, she would want to demonstrate that the move would be good for the child and that it would not interfere with the relationship between the child and the other parent. Conversely, you would want to demonstrate that the move provides no benefit for the child and that it would be detrimental to your relationship with the child.
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