ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Moving the Child out of State

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.