May the custodial parent move out of state with the child?

The law on this issue varies from state to state. Some states routinely allow the custodial parent to move out of state with the child if there is a good-faith reason for the move. Many states, however, examine requests to move on a case-by-case basis and decide the issue after considering several factors. Some states also impose notice requirements by which the parent who wants to move with the child must notify the other parent a certain number of days (thirty, sixty, or ninety days) before the proposed move so that the noncustodial parent has an opportunity to challenge the plans for a move.

What are good-faith reasons for the move?

The most common good-faith reasons for a move are obtaining significantly better employment in another state, following one's new spouse to a new job in another state, and a desire to live near family members.

What are the factors a court will consider when deciding whether to allow a move?

There are several factors:

1. The quality of the custodial parent's reason for the move. A good-faith reason and a likelihood that allowing the move will enhance the quality of life for the child and custodial parent helps the custodial parent's case. A bad-faith reason, such as a desire to undermine the child's relationship with the noncustodial parent, makes it more likely a court will deny permission to move.

2. The quality of the reasons of the parent opposing the move. A parent who has been very active in the child's life, sees the child often, and wants to preserve that relationship has a stronger case for denying permission to move. A parent who has not seen the child very much, or who often misses visitation, has a weaker case.

3. The quality of the relationship between the child and both parents.

4. The degree to which visitation can be restructured to preserve or foster a good relationship between the child and the nonmoving parent, including the issue of whether substitute visitation is affordable to the parties.

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association