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Good evening. I certainly understand the situation and your concern. If there is joint custody, then she would need to file a motion with the court and get permission from the Judge to relocate. Based upon what you shared above, I am inclined to believe the Judge will grant it. I say this because if the father only sees the child twice a year, he can still exercise those rights and the child could fly to California to see him or he can go to NY, to see the child. It would be one thing if he saw the child every other weekend or lived in the State but here, he only sees the kid twice a year, so if it is in the best interest of the child to relocate, which your sister needs to show, then the Judge will grant it.
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