Relocation

Whether or not a custodial parent can move away with a minor child (over the objection of the non-custodial parent) depends on the circumstances of each individual case. Generally, the parent requesting court permission to move must have a legitimate reason for the move. A desire for a “fresh start” in another state is generally insufficient. The Court will grant permission if, after a hearing, it finds that the move is in the best interests of the child. The fact that a separation agreement contains language prohibiting such a move is not determinative.