Can I move to another state with my child?
The father and I share legal custody. I have primary physical custody of my child. The father visits the child from 9:00 a.m. to 6:00 p.m. on Saturday and Sunday every other weekend. Our agreement is silent regarding relocating.
You must inform the father as soon as possible. What you’re describing is a relocation case which is the most difficult type of case that comes before the Family Court. I recognize that you are the primary caregiver, but that does not give you an absolute right to move the child away from the other parent. Since you have a court order, if you cannot agree in writing, one of you will need to bring a case before the court asking to modify the custody and access order to be consistent with you moving. Obviously he cannot maintain the every other weekend schedule with the child if you move far away. Then the court will have to consider all the factors to determine whether or not it is in the child’s best interest to be relocated. If that happens, a new and different access schedule will be ordered which will inevitably include long periods of time over the school breaks and holidays.